The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1919-09-06

santa re. N NJ HtuL tr-IHr NfN-
Rotary OF stale o. New Mexico cam
not b. compelled tc submit % q ref
er4ndula vote the question o. rally
ms The national prohibition a,ncnd-
mcuL n j. ruled ht Judge Reed HoIi-
oman Of the nr44 tlnlrIct court. In a
t,Teniy-paEe cpinion that was aied TO-
uaN.
Four reasons are given fol ne re-.
fusal 10 issue the writ Of maudanua
20 compel the secretary Of state 60
submit the 4uetflon. one of the most
Important reasons u that mo court
holds indIncrlinfnnle sale 81 liquors ~
menace 10 the health and safety Of
tha public
perianf cIat into he supreme court,
where Il viii be carried on aprcul a
review OF this case. up -thro1sn
iudse Hcileman's ruling. T. INTEREST
ms.
ono o. the frHt artS Of tho fourth
New Mt1Ico iuElalalurc WAa TO pass
a ~reaolutlon rntltyins the national
prohibition amendment A shoft
time later q petition 10 cue form n
carft1f.n a.Neo more tn1n tn4 rtquir
Cd number % SIGNATURES, was hlcd
with tho secretary of state. praying
that he amcndmert be referrad 10 a
& Of thu people at the ncxt gen
crai election. In November, 1870. un-
der the ~rrftrendum provision OF the
state constitution.
Under the advice OK the attorney
general the secretary gave notice
that he would REFUSE 10 rubmit the
question % n referendum vote. The
attorney general held that the issue
was not one contemplated BY the New
: lfexee constitution e. subibet to the
referendum.
The petitioners through A. y. Rem
chan. their counsel then carried their
case into the district court niing q
petition Tor a writ OF mandamus 10
compel thu secretary Of stale 70 SUB
nlt he issue. a perelupfory writ OF
mandanrua was then Issued. citing the
secretary 81 state 10 appear on Ala
usf ~ and show cause why he would
not submit the issue 10 a vote - the
people. a. thar hearing the attorney
general. a. cCunsel Tor the SECRETARY
of stare. hlcd d demurrer TO the PEE
lItlon. on the suggestion OF Judge
Hollonlau. rresi@;rr. additional time
was given 70 counsel to amend his
demurrer - a. TO plead that the
ratification by the legislature Of the
national prohibition amsndmen, was
4 matter .concernins fne public
peace, health. or safety
fifz4 Tgst % law.
Tho New Mexico constitution cx-
prcsalf praViccs that any Law aIcei-
Ing the public peace. health or safe
~, shall not be submitted 10 a ref
erenduln vote. II Yves the first time
that thls particular Question had been
raised IN any OF the states where an
tnort has beer r1ade 10 submit h
national prohibition 60 a referendum
vote. In the states OF Ohio. South
Dakota amt Washington. the Import
ant point raised WAS as to whether
the federal constitution. IN using the
term legislature Intended to refer
only TO tbs general assembly as the
iawmaking body. or 10 include also
tho legislative poNeF Of the people
After having consulted a larEc
number Of authorities, Judge Hoi-
ioman today filed HIS opinion. which
shows an exhaustive study OF he
question. In ruling shat the puhie
peace and safety are menaced. the
opinion says.
-The only justification for bringing
the prohibition laws within the po-
lice power o. the state b because OF
the fact that the indiscriminate sac
OF Intoxicating Liquors. ~ productive
Of more evil 10 the health Of the pco-
pie and the safety o. the public than
any other n thing. Courts all over
the land. In passing on that point.
have taken judicial notice OF that
Fact, and a. this DAY that such Is the
effect OF the liquor business Il not
seriously questioned"