Deming graphic. (Deming, N.M.) 1903-1948, 1921-01-04
NEW MEXICO SUPREME COURT
CRITICIZES GOV. LARRAzOLO

Santa Fe.-The unanimous opinion
Of the New Mexico supreme court In
holding that the governor has the nm
restricted right TO Issue pardons, thus
making valid the pardon issued by
Gov. o. A. Larrazolo to the 16 Nillista
murderers who took part In the raid
on Columbus March o, 1916, holds that
some OF the governors grounds for
granting the pardon were wholly with
cut foundation.
The executive order raised the point
that possibly the United States and the
Republic Of Mexico were at war when
the raid occurred and recites that re-
gardless OF whether state of peace or
war; obtained, these villista raiders
were soldiers, and immune from pun
ishment under sentence OF the civil
courts. On the first point the order
says: Were we at peace with the re-
public OF Mexico ON the ninth day OF
March, A. ID. 1915, when che assault
en- Columbus took place. or did state
Of war exist between the United States
and Mexico"
As to the second point the order
continues:
BE this as II may, however, the
decision OF this point is not essential,
according to my views, the proper
determination OF the petition for par
don involved In this proceeding. be.
cause under the views that | have IN
this case there Is another point which
TO my mind Is absolutely conclusive In
the determination Of whether or not
these defendants are guilty Of the
crime for which they stand convicted.
IL Is another undisputed fact that all
OF these men were, as above stated.
private soldiers in the ranks Of the
army commanded by General Fran
cisco Villa. | have examined each OF
these men and l find them, with pos.
sibly three or fouD exceptions, 10 I've
illiterate. belonging to the common
laborlng class of the people OF that
country; they all state that they were
forced and impressed into service
against their will, and by force. II
this he true, IL would make their plea
still more merltorious; but granting,
for the sake OF argument, and for the
purpose OF maintaining the sovereignty
and sanctlty OF the law, that that were
not true. and that they were volun-
feers In Villas army, how would the
Ease stand ON this assumption?
1T IL fact known 10 the average
Iayman. and even to the most ignorant
n us, that under military discipline,
The common soldier, known as pri-
vate In the ranks, Is never told what
he objective Is, particularly SO when
Engaged In hostilities II Is
1 matter OF current history known TO
Everybody In this country that for
great many years General Francisco
villa has kept an army fighting either
On one side or the other of the many
revolutions or counter-revolution that
have overruled Mexico for the past ten
years. That villa may have been on
1ne side or the other Is quite immater-
al, the main fact In the case. which
cannot be denied, is that he kept an
army regularly differed, as all armies
ire differed, maintaining and enforc-
ng therein that degree of military
discipline that requires and compels
The rank and file thereof to obey the
hhNiS VI Hupi" tliittIN IL
IS fact that when they, in pursuance
n superior orders, attacked the town
II Columbus, not one OF them knew
hat he was standing on American soil
md attacking an American settlement
his plea adds further merit TO their
lefense, and | use the words further
merit advisedly, because even though
hey had known that they were at
acking an American settlement. still
hey would not be guilty OF murder, be-
'ause. as above stated, they were not
responsible agents"
The governor refers TO "the main
net In the case. which cannot be de-
lied" but the supreme court does re-
ect ms untrue this alleged main fact"
The opinion says:
"The petitioners In this proceeding !
ire persons commonly known and |
designated from the commonly reputed
act that they were members of a mn. |
auding band of Mexicans. who, under
he leadership of one Francisco villa. |
he notorious bandit OF Mexico, crossed |
he international boundary line on
March o, 1916, and attacked the town
Il Columbus. in Luna county. this !
tate. and killed number of our citi- !
ems without any conceivable cause or
Had the petitioners been !
OF the army Of any recogniz- |
d government in Mexico, the episode !
would undoubtedly have furnished |
nipple ground for war with our neigh |
'oring republic They were, however,
according TO current historical report, |
of company OF bandits, UNI
Ter the leadership OF villa. and as
uch were entitled TO none OF the CON
iderations or projections accorded to
members OF n recognized military or
In discussing the vesting Of the par
Ioning power I'm the executive, the
opinion has this to say Of restraints
nd restrictions that are no more than
implied. and which are OF vital import
nee I'm this case:
''The pardoning power I'm this coun,
ry Is usually. II not universally, con-
erred by constitutional provisions and
/ Is usually conferred upon the gov
rnors Of the respective states, unre-
trained by any direct limitations Of |
lw. The head OF the executive depart