The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-07-16
DoS'r or rExcrrrU.

and even she war In Europe have
been brushed aside for the time being
and the deniyens OF the Pass city
are raising various ard sundry kinds
OF protestatlons over the ruling. The
Morning Times. for instance. In a re-
cent editorini. which was reproduced
in full IN the columns OF the Herald
last Saturday. takes the position that
the oplnon is unconstitutional; that II;
is based on neither law. justice nor
logic. and winds UP the article by
stating that New Mexico is sadly In
need OF an attorney general.
After a careful perusda' Of he
Iepinion OF Mr.. Patton W. are unable
to see that II Is unconstitutional. or
that IL il not based on law, justice or
logic. The fact Of the matter Is. the
opinion shows conclusively hat It
was carefully studied out. Citations
lare given as prccedents for holding
that the state has jurisdiction over the
Elephant Butte reservoir. The OPT
ion from beginning TO end II a care
fully prepared document and a per-
usual u II viii convine~ any fair mind
ed person that the conclusion were
ARRIVED at only after they had been
given close study By q mind well
trained In legal ore
To hold tina, the state has no au-
|thority over the fish in the Elephant
Butte reservoir would also be an adj
mission that the state can't enforce
its laws on the public domain. in tho
national forests or on homesteads ~
which patents have not been issued.
But Il has never been ~contended thar
the eases cited were outside OF the
states control. WHY. then. should
an exception be made In the case OF
the Elephant Butte reservoir
One case in particular cited by
Attorney General Patton in his opinion
in spite OF the assertion II he editor
Iof The Times that no citations were
made bearing on this particular sub
ject. was that wherein the supreme
court of the United states passed up-
on this Identical question. The Gaze
cited involved the jurisdiction Of the
Kansas courts over tine Fort Leayen-
worth military reservation. and she
supreme court held hat the state
courts had Jurisdiction. The quee-
ton involved In that case was the
right u the state TO tax the railroad
company property on the reservation
The land constituting b reserva-
ttion was a part OF the territory ac'
lquired by cession from France and
had. for many years before the admis-
zion OF Kansas to the union. been re-
served by the proper authorities Of
1.-THE United States for military pur'
poses. The court held. however, held
that the state had jurisdiction. ex'
lcept in matters pertaining strictly t'
its use as IA military post.
For the past several years there
has beer a demand for the conserva
tion OF game. including the fish II
our streams. The promiscuoul
Strengthening Of wild animals an'
catching OF fish is a practice which
should be discouraged. If the y
Tasoans were true sportsmen the
would not object TO compliyng will
1.-The hv. would take out licenses to fist
In the Elephant Butte reservoir @
IN the various stream of the state
Display wins II spirit Of that kind woul'
be much more communicable than try
ing To override the opinion Of on
~lattorney general or pcoh-hooing at hl
ruling and Initiating that il will NO
be compiled with,
when New Mexicsns go to TeXa
lthey Try 20 abide by the laws Of IN
latter state. And. IL YOU KnO~ any
thing about Texas YOU are aware q
the fact that they have a law ther
to az every crime. with a few throw
In for good measure. Texans AZ
welcome 10 come to New Mexico, a
they are a pretty good class Of peopl
? a. a rule. Hut when they come "
\ shall expect them 20 be GOVERNED o
our laws. one u which h that The
2 must have licenses before they al
p tempt TO fish In the Elephnnt Bu''
dam.
b The assertion that New MeNic
t needs an attorney general sounds IN
p the habbhnes - q child. rather tina
I q statement coming from a mn
Z whose reasoning pOwtrs are suppose
20 be- fuzzy developed. Sew Mexico
{ fortunate IN having an attorney ger
eral who rs a. capahle as n 9TH
! similar official Ia the country, tui
Shefmore. his opinion regarding III
r Jurisdiction 0f the state over il
r. Elephant Butte project Is held hy Law
( ,ers In this part 81 the country. viii
4 DOT reservation 10 have been Nf