Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-12-29
SUPREME COURT HOLDS
PARDON AND REARREST
OF VILLISTAS LEGAL
CONTINUED from Page one.)

none of these, however, is the gov
ernor's pardoning power to be alb
rogated.
The opinion holds that Section
50S7 of the 1915 codification of
New Mexico laws was not in force
at the time of the adoption of the
constitution but by the adoption
of the codification it became a part
of the law Of the state. However,
since it clearly abrogates the power
of the governor to pardon, it is
held unconstitutional and the court
further declares that it Is impossi-
BILE to separate the constitutional
portions from the unconstitutional,
therefore the entire section must
fall
It is held that the constitutional
provisions are self-cXecuting and
that legislative action was not. nee
essary to give the governor right
to pardon. Regulations are not
necessary since it is a one-man
power.
Coming to the question of arrests
in face Of the injunction, the court
says that the injunction did not
Dll1 lIlc DtAlllblltlN VI 'iAN 'r'iNA 80
of Luna county since they were not
parties to it. It leaves the settle
ment of the question of an invasion
of the injunction squarely up to
Judge Holloman and Warden ORTIZ.
Following is the syllabus by the
court:
Syllabus by the Court.
/. The pardoning power in
America both in the federal and
state government, is not as it is in
Great Britain, an attribute of the
executive departments, but 1t is
mower which exists only because
it is granted by the people, either
by constitutional or statutory pro-
vision.
2. This power, in this jurisdic-
ton, is conferred by section 6, arti-
Gle V, of the state constitution upon
the governor, and the ultimate
power therein granted is absolute,
subject, only, to such regulations
as may be prescribed by law.
3. Section 50S7, Code 1915, was
not 'in force at the time we came
into statehood and was not carried
forward as a part of the law of the
state by the provisions of section 4,
article NXIL of the constitution,
which did carry forward, as the
laws of the state, all the laws lin
force" in the territory at the time
we came into statehood.
4. ny the adoption of the code
Of 1915, section 50S7 thereof was
enacted and became a part of the
laws of the state.
s. Section 50S7, Code 1915,
taken as a whole, is a clear invas-
ion Of the governors power of par
don as granted by the constitution
and for that reason is unconsltu-
tional and imperative.
G. No portion of section 50SI'
Code 1915. can be allowed to stand,
the provisions therein which are
not Objectionable not being sever
able, under proper construction
from those which are objectiunable.
Z. The provisions of section b.
of article V. of the constitution are
self executing, and require no legis-
latiye action to enable the governor
to exercise his power of pardon,
s. A person in the custody OF
one authority of court had no legal
interest in the question as to
whether another authority or court
has the right to arrest him. Slph
a question concerns only the two
opposing authorities or courts.
9. Where the superintendent OF
the penitentiary has been enjoined
from releasing persons pardoneu
| by the governor, such persons are
mot legally interested in the ques-
ton as to whether tho superintend-
ent has violated the Injunction in
allowing them to be arrested for
another crime. The question IN
such a case is between the superin
tendent and the court which Issued
| the Injunction ..,