Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-06-23

NAL proceeding IN the district cuur'.
While the latter court viii b, slow -
as lmr original jurisdiction to en-
force a mere municipal ordinance.
and while ia thu presence of CON
scicntious and even ordinarily cour-
agpuus Justice OF the peace such "a
COURSE Will seldom II ever be ncC"s
sary. there is little ground tu doubt
the power of thu district court So to
do ana the power VIII DE exercised by
this court wherever. because OF the
inadcquacy ~ the local magistrate.
the only alternative ~ defiance of
law
AN additional safeguard against
un Incompetent or corrupt justice 81
the peace viii ALSO be found IN the
act OF 1909. providing for the suspcn-
SION and removal through the courts
OF an officer ut that character. and
The appointment OF successor for
such hy the governor of the territory
Who're the consistent attitude Of "a iu-
dlc.ll officer h. ON. of ignoring tho
law or of viewing with complncont
l,uionoy tn, facts. ana when he there
bN becomes shield 60 tho criminal
rather than a stay to the community.
the act of 1909 VIII b. found cffca-
oious Fortunately the desire to do
right II the rule rather than the eN-
cepliou. This court hopes tn" future
viii show no exceptions IN this dts
trict
In Tho ease ul the DitN of Roswell
against WIN Dlmstcad the defendant
MAS ordered TO appear next Monday
for - nicuce, the court upholhing che
validity of the prohibition ordinance
as 10 fines and sentence. In this
case the defendant had been found
guilty OF selling Intoxicating liquor ia
the town OF Roswell, HI had object
ed 20 being sentenced an the claim
that the ordinance IS invalid for the
rraspn that IL lca,cs 10 the discretion
~ the justice NJ 60 Whether - guilty
Gcfcndent be fined or imprisoned in
stead of specifically stating what shall
be- done with him. Tho court ruled
against this contention.
In the ease of tho city of Roswell
arainst the Eastern Railway of New
/ Mryiro. IN which thu defendant has
I been Uucd 500 and costs for bring
I ing Intoxicating liquor from Hagri
man into Roswell the decision nf the
lower coart Was affirmed. In this
b case the court expressed "A doubt az
| To- the validity 81 the ordinance so far
as II affects railroads ana common
Carriers IN Wow of congressional law
/ 40 Ia ia" duties of railroads and com.
mon carriers In carrying goods. Judge
] Pope said that TO acuuit the railroad
1 In his court would moan that the ras,
would end there, Just as tho Carlsbad
! Justice ended the sewer connection
case in the Justice court by aeuuittnp
, the Il, PENDANT. Judge pupo did MOI
! want To- end the test of this important
point IN his court, hui preferred thai
| II be- allowed 10 go on To IA, higbci
| court for final test
IN the case OF the city of Roswell
| against - Il. patrick. IN which il1uo
! ~ the defendant had been seized. un
der the search and seizure act. tn
Judgment Of the lower court was nf
flrmrd and the liquor ordered de
stYnyeh. This case differed from IN
Wilson case In that the prosecution
was against ia. man who owned tn
| liquor. The defendant had been fdnn'
guilty aud IL was legal 10 destroy tn
liquor that had been seized as cyl
donco,