There is a very good reason why Noss wasn't simply arrested: local agents were making too much money confiscating his gold!
Until you have lived in New Mexico, its hard to understand exactly what goes on in this state all the time! People here are more concerned with their personal agendas than enforcing or following any laws, or being ethical, or any other such idealistic stuff. Often I feel as though I live in an occupied territory. Once I was simply eating lunch in my car parked at a town park in Socorro, NM and was asked to leave by several locals simply because I "didn't belong there". One woman in Albuquerque got over a HUNDRED tickets for running red lights, but is still driving today on our streets! Same for repeated DUI offenders! Some rack up DOZENS of convictions before their license is taken away. If its like that today, imagine how much worse it was back in the 1930's! This is spoken of in the first book as well. Corruption was RAMPANT back then like you would not believe!
If you think you can apply your normal expectations to NM, think again!