Albuquerque morning journal., 1914-11-28

(The following editorial from ia
Noz del Pueblo" of Las Vegas, OF No.
vomber 81. discusses a subject Of Vita
N such I'm able manner that Il u
aeemed Wen worthy Of reproduction
Thank God' There are sentiments
OF Justice and common sense left In
the bmicml branch Of the government
~ our state, and there Is an attorney
lgcneral and district Judges who Keep
upright the name OF justice in New
A very good proof Of Il. Is the ac-
ton OF Judge Medlcr. OF the Third ju-
dhfal' district. taken after hearing the
|argumchtfof The attorney general, by
dlscharging the jury Ilst, as presented
tits year by the iiIfy commissioners
OF Otero county.
According 10 the published facts. il
|nppears that the Jury commissioners
practically excmdcd the Spanish.
Americans of the list, Notwithstanding
THAT they constitute over 20 per cent
|of the total population of fhe county.
The attorney general Mr. Clancy,
moved not only BY his natural concep-
OF Justice. bit fearfln afso. that a
number 0f very Important cases might
be nullifIed before the supreme court
OF the state. due 10 n grave error In
the granting ofsthe constitutional and
legal rights. given 10 persons charged
with crime. did In the first day Of the
term protest aRiiinst such II jury, us
inE. among others, the following solid
arguments:
f''I think II is needless TO say to your
honor that the exclusion no matter
for what reason OF. large percent
age OF the qualified persons from the
jury lists is something 10 be depre-
Gated. and, ns 1 said before, without
any feeling OF condemnation to the
Jury commissioners. /, Is clear that
they have not complied with the spirit
OF the law.
Il can find no justification for the
exclusion from the jury lists in a
county Ike this OF 50 large apart of
the people. -
Deprivation Of Rights.
Your honor. ! hclievc. must be IA
mlllar with the law, that such exclu-
sion OF n large part of people
from the iurics constitutes an element
Of danger IL objection is made cspe-
cially In criminal cases, and that de-
PENDANTS indicted by a jury drawn
from such list, might successfully
urge that they were not having the
equal protection Of the laws, and this
discrimination operated 70 their dis
II do not feel that Il Is necessary to
make any argument or to refer to au-
thority. but there are n number Of
cases in the miprcme court OF the
United States where the question has
been as 10 10 the exclusion pf negroes
from Jurles. which support what
say"
After hearing said macnificcnt ar
gument, Judge Mcdler gave the fol-
lowing well-rcasoned opinion:
Judge Mcdlcr's Opinion.
Now, this IL Qne Of the most seri-
Gus questions that the court has had
TO deal with In some time. As sug
gcsted by the attorney general, any
found. or any convictions
might be open for attack by reason Of
the violation of the constitutional pro-
vision that every defendant and every
person Is entitled to the equal pro-
lection of the laws.
They as well as others are plain
fiffs and defendants in cases before
the court and their rights are entitled
TO respect by the court"
In view of the determinations that
have been made. In this county. by the
exclusion not only of democrats but
as well of the Anglo American portion