Albuquerque morning journal., 1914-07-21
What's New in New Mexico Told by Journal Reporters
EUl0GY ON cow is
FILED IN BRIEF IN
THE SUPREME COURT

THE SUPREME COURT
te"scisA coHHxarospsscs 10 NC snina JOURNAL
santa fc. July 20 What may be
termed a classic plea for the COW, II
not the appellee. in the case of the
State OF New Mexico, appellant. vs.
Clarence Broken, appellee is includ-
cd IN the latter's brief filed In tn,
state supreme conrt by Carlsbad at.
torneys. Their client was indicted
Tor "unlawfuily holding under herd
IN certain pasture. twelve calves OF
neat cattle of the value of ten dollars
each, then and there by lnterferine
with the freedom of said calves, the
SAID calves being then and there un-
der the age of seven months, and not
being young animals accompanied by
their mothers, nor calves of milch
cows actually used to furnish milk
FOR household purposes or for carry
ing on dairy. contrary TO the form
OF the statute in such case made and
provided. and against the peace and
dignity of the state of New Mexico. y
Ihe Indictment was quashed and the
state appealed.
Attorneys Armstrong and Bolts
come back at the state in the follow
ing manner Too much Is made 10
depend upon the COW. If she Is gra-
cious enough to come forward at the
proper time and establish her claim
to the calf beyond reasonable doubt
and will thereupou suckle her disput-
ed offspring, all good and we'll other
wise, II were better that that cali
had never been born. That the calf
Z itFt, .gt al
the necessary procedure seems never
to have been considered by the leg
islature or, If considered. 1t was de-
ltermined that the same dire result
should follow the ownership of COW
whose parental control was lnsuffi-
cient to compel absolute obedience on
the part OF her calf at the time OF the
test. Discipline is a good thing. and
without doubt calves should be held
to the same implicit obedience to their
parents wishes and commands as are
the offsprings of those beings of sup
posed greater intelligence. While rec.
ognizing the probable application OF
the rule 1gnorantia legis nemlncm eN-
cusat yet we doubt if the average
New Mexico COW realizes her great re-
sponslbility.
We love the COW. God bless her
She furnishes us nourishment sultapi'
To our tastes and digestive capacities
upon our advent into this vale of tear
and, now that we are older provides
the golden head to our staff of nlt
and when fees are liberal and collec
tions good, an occasional tea-bone OF
porter house. she furnishes the swee'
breath of kline to the itinerant cit,
idweller that makes him long for tho
simple life. On many a cold frosty
morning we have warmed our pare
feet where she has lain during The
night and on summer evenings whei
the flies were bad have whistlec
merry tunes to the time of snow
white streams descending into th'
shining bucket, never faltering ever
when She would wrap her tail Lovingly
about our neck. although she wa'
fresh from a green rye pasture. we
have worked for hours with recal
citrant two-year-old who seemed t'
prefer the old freedom to the restric'
tions of a matron, in an endeaVor t'
persuade her to perform her materna
duties to her first born. and nave
been compelled in the end TO turn th'
youngster over to the good graces ol
it's grandmother. yet we never mur'
INJURED: and, while we would rathel
trust ourselves To the charity, good
Judgment and kind heart of som'
cows we have known than TO the mar
rowness of some of their owners OF
inspectors, yet 1t should be borne II
mind that the legislature has not pro-
vided means of selecting these par
ticular cows by popular vote, polltica
appointment or otherwise, and We
can't believe that. under our organic
law, we can be compelled to entrus
our constitutional rights and liberties
to the caprieious whims of every
long horned. drag tailed. begged
down, fIea-infested, locoed brindlt
heifer on the range. We may say
that we don't believe the constitution
win permit the elevation of cattle tt
the bench in a state where women arc
not even allowed to vote. Then, TOO
the statute cannot stand under the
humane laws of the state. Consider
for moment the awful strain whicf
the COW might at times be compelled
to undergo: that notwithstandinp
some avaricious rustler may have hur,
ried her across the Texas line, ano
regardless, Of the fact that she may
have shuffled off this mortal coil and
journcyed to that undiscovered coun'
try from whose bourne no traVelei
ever returned and even though sh.
may be knee-deep in the clover oi
cow heaven, yet. upon demand sh,
must return to the barren wastes OF
the 1lano estaeado' and claim ana
suckle that calf. We don't belleVe
the average COW would do 1t, even
though her master and the owner OF
her calf must languish in jail because
of her default
In conclusion, the brief terms tne
law. under which Brooken was inolct-
ed Fan act to promote the hrcehS
of livest took" Assistant Attorney zen
eral Ira Grimshaw was scratching M
head today to devise argumehls
strong enough to rebuilt the apoN'
burst of eloquence.