Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1917-02-08
Justice Roberts and Minority
Leader Pardue Say ResoIu-
ton Is Perfectly Legal in
Form and Fact,
OTHER ATTORNEYS SAY
1T is QUITE WORTHLESS
Superintendent Farley Is Sat-
iSfied and Legislators Gen.
orally Agree That His 0pin-
ion Should Be Test,
(By II. l.. ID. McAllister. Staff Cor
rcsDOndeDt)


Santa Fe, Feb Whether any
valid step has been taken by the legis-
lature of New Mexico to put before
the people. for adoption or rejection
an amendment to the constitution pro-
viding for statewide prohibition, con-
tinues to he a mooted question in
legislative, official and semi-official
circles in Santa Fe.
Justice Clarence j. Roberts of the
supreme court and Representative ].
e. Pardue of Guadalupe county, both
of whom had a hand in drawing the
resolution that was passed by the leg
islature Monday afternoon, declare
that the resolution Is air tight and in
good working order, Judge Roberts,
in formal statement in local news
paper this afte faEon defe' J" thc r"so-
luton and declares that if 1T is in any
way defective in substance then the
two constitutional amendments adopt
ed in 1914 are not legally a part of
the organic law. Mr., Pardue. in
speech on the floor of the house. as
serted with conviction that the reso-
luton is theoretically and technically
perfect"
on the other hand Senator Barth,
who endeavored to amend the resolu
w
ate and was declared out of order,
maintained that the measure is fatal
ly defective and that nothing has been
submitted to the people upon which
an election can legally be held, A
number of other lawyers in and out
of the legislature share the view
held by Mr. ,Barth.
Next Step in Doubt.
Uncertainty and doubt prevails as
to whether anything will be done
about the matter. Rev. j. r. Farley,
superintendent of the Anti-Saloon
League, says he is satisfied with
things Just as thy are, and most of
the members of the legislature seem
to feel that IL he has no kick coming
there is no reason for anybody else
to register a complaint. In view of
the fact that Judge Roberts, who is
understood to have participated in the
drafting of the resolution, is a mem
Der of the court that must eventually
pass on it's legality, if that matter
comes in question. prohibitionists gem
orally seem disposed to take a chance
and let things go as they are.
In the meantime, the bills providing
for the special election at which the
people are expected to vote on the
prohibition question, are being
held up, and it is understood that
committee amendments will be intro
duced with a view to meeting, so far
as possible the objection raised to the
resolution itself. These bills will
proceed on the \ theory that
the resolution is a regular, formal
proposal of a constitutional amend
ment instead of an effort to amend
the constitution directly, and it is
claimed by some prohibitionists that
this supplemental legislation, If ac-
uuiesced in by the voters at the polls,
will supply every deficiency in the
compromise measure passed Monday.
What will be the result if suit is
brought to enioin the holding of an
election under the resolution nobody
has been heard to predict.
journal Is Planned.
In the senate today nothing was
said regarding the prohibition situa-
ton hut in the house the members
seemed to hold the Albuquerque
Morning Journal responsible for
whatever is the matter with the reso-