Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-04-03
BOOZE INTERESTS
To ASK VOTE ON
DRY RESOLUTION
Petitions to Be Circulated De-
handing That People Vote
on Ratification Of National
Prohibition Amendment,
rssrel.t o,spAreH 10 1osH,Aa ,euNaALl


Santa Fe, N. NJ, April 1.-The Ii
quor interests are applying the pull
moter to booze legislation and hope
to save Demon Rum from being ban
ished from the United States on next
July 1. 1t was announced some time
ago that John Barleycorn was mar
shaling his host for the purpose of at
lacking the manner in which many
of the states ratified the national pro-
hibition amendment, their contention
being that the question should have
been submitted to a vote of the peo-
pie
New Mexico is one of the states
which has been selected as the battle
ground between the pros and ants.
An effort is going to be made to take
a referendum on the ratification of
the pro amendment. A representative
of the National Wholesale Liquor
Dealers association has spent quite
little time here looking into the mat
ter 1t is understood that Jake Levy
has been entrusted with the duty of
securing the necessary number of sig
natures of voters to petitions asking
for referendum. 1t is also alleged
that he has agreed to place in Mr..
There was provision made in the
constitution for a referendum. but no
law has ever been passed putting it
into effect. Article of the constitu-
ton reads in part as follows:
The people reserve The power to
disapprove, suspend and annul any
law enacted by the legislature except
general appropriation laws; laws pro-
viding for the preservation of the
public peace, health or safety; for
the payment of the public debt or in
terest thereon, or the creation or
funding Of the same, except as in this
constitution provided; for the main
tenance of the public schools or state
institutions, and local or specific
laws.
Petitions disappearing any law
other than those above excepted, en-
acted at the last preceding session of
the legislature shall be filed with the
secretary of state not less than four
months prior to the next general cleo
ton. Such petitions shall be signed
by not less than 10 per centum of the
qualified electors of each of three
fourths of the counties and in the ag-
gregate not less than 10 percentum
of the qualified electors of the state,
as shown bv the total number of votes
cast at the last preceding general cleo
ton. The question of the approval or
rejection of such law shall be sub
n,itted by the secretary of state to the
electorate at the next general election;
ard if majority of the legal votes
cast thereon. and not less than 40 per.
Ccntum of the total number of lega.
votes cast at such General election be
cast for the rejection of such law, it
shall be annulled and thereby re-
pealed with the same effect as if the
legislature had then repealed it, and
such repeal shall revive any law re-
pealed by the act so annulled: other
wise, it shall remain in force unless
subsequently repealed by the legsla-
ture"
The article also provides that IF
such petition or petitions be signed by
not less than 25 percentum of the
qualified voters under each of tho
foregoing conditions. and hn filed with
the secretary of state within ninety
days after the adjournment of the
session Of the legislature at which
such law enacted the operation there
of shall he thereupon suspended and
the question of its approval or reiec-
ton shall be likewise submitted to
vote at the next general election" ANA
concludes with this sentence. "The
legislature shall enact laws necessary
for the effective exercise of the power
hereby reserved"
Competent lawyers say that the fore
going applies to the referendum of
law: that this is resolution and not
a law They also point out that there
has been no legislation passed thai
such an election shall be held, what
the ballots shall be, or any other
phase of the matter and express tho
further opinion that we have no ref
erendum law In this state j
The indications are that there will
be a long legal battel over the mat
ter, one of which is whether we have
referendum law in New Mexico. ami
the other is whether this resolution
is law within the meaning of
Article 4 of the constitution.