Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-07-18
SENATOR BURSUM
EXPLAINS NEED Of
MORE JUDGES
Attorney General Estimates
the Business Justifies
Appointment of 80; "a
Are Provided for.

Are Provided for.
On July the Journal printed ar
editorial commenting on the bill
providing for the appointment Of
an additional judge on the fedora
bench in New Mexico. This edito.
rial drew a reply from Senator Bur.
sum, in which he states that the at
torney general estimates that the
federal business before the courts
would justify the appointment OF
thirty-three additional judges, and
congress has provided for the APP
pointment of twentyfour, one OF
which comes from New Mexico. His
letter follows:
II note your editorial with refer
ence to the additional Judge to be
appointed from New Mexico, and
the apparent comment to the effect
that an additionar Judge is not
needed.
ut is eviden: to my mind that
there exists a misunderstanding as
to the facts in the premises, as |
know that you desire to be fair and
loyal to New Mexico. These addl-
tional judges authorized by the bill,
which passed the senate and house
and also agreed upon in conference,
are to be used in any district in the
United States wherever their serv-
ices are required. The attorney
general estimated that the federal
business before the courts of the
country would justify the appoint
ment of thirty-three additional
judges. The congress provided for
the appointment of twenty-four,
one of which comes from New
Mexico. Inasmuch as New Mexico
possesses as good and able talent
in the legal profession as any state
in the union, and the fact that this
number of additional federal judges
is deemed essential and necessary in
order to expedite public business
the whole country,1 see
no good reason why one of these
judges should not come from New
Mexico. New Mexico is one of the
great states of the union. She is a
taxpayer to the federal government.
Why should she not be represented
in such an important branch of the
NEARLY every district in Texas is
far behind in it's docket--no doubt
the New Mexico judge will be
called upon to preside in some OF
these districts. The dockets or
many Of the states, of the union are
very greatly congested. There is no
reason a judge from New Mexico
cannot render superior service in
of a portion of the fed
eral cases, where the docket is con-
gested, and far behind, in any of
the states of the union. That Is the
of the bill, and 1t is the
provisions OF the bill.
Furthermore, we are likely to
have a large additional docket in
the very near future in New Mex
leo in the settlement of land con-
upon the so-called In
dian grants, which will very likely
be provided for by legislation in
the very near future for the protec-
ton of the rights of thousands of
settlers within the boundaries of the
so-called pueblo land grants; the
titles held by the settlers having
been challenged by the government
In view of all of these circumstan-
ces I am sure that the editor of the
Journal will agree that the designa.
ton that one of the judges should
come from New Mexico is perfectly
and is in accord with
granting such recognition of New
Mexico as she deserves.
THE amendment to which Sena-
tor Jones objected, which was
placed by the conference commit
Tee, namely-that in the event of a
vacancy New Mexico would only be
entitled to one judge, did not meet
with my approval any more than 1t
did with Senator Jones, but the OBJ
lection was not that the additional
Judge should not come from New
Mexico. The objection was as to
an exception as to New
Mexico not being entitled to more
than one, Judge in case a vacancy
should occur by reason of death or
of either of the two
judges. However, in this connec-
ton it has been the rule from time
that one cannot always
secure the enactment of laws alto
gether in harmony with that which
may be desired and that which
some of us may think proper.
Where there are divers views there
Is bound to be some reconciliation
In the nature Of a compromise.
However, it Is not serious matter
from a ma,erial and practical
standpoint, as there Is no great
likelihood there will be any vacancy
caused, certainly none by resigna-
ton, and we hope none by death.
However, in the event that any such
thing should happen, there is moth
Ing to prevent a representative of
the state In congress- from intro.
ducing. at a later date whenever
the emergency may arise, supple
bill. which NAV be passed