The Lincoln County leader. [volume] (White Oaks, Lincoln County, N.M.) 1882-189?, 1884-09-27
GENTLE ADMONITION.


that there was never any "ring,"
&c, &c, ad ndoseum, and the
term is one go indefinite in its ma
ture as to admit of some dispute.
But it cannot be denied that there
has existed in New Mexico a COM
bination Of Republicans and Dem
ocrats, having its headquarters in
Santa Fe, and having foi its specif-
ic object the control of public af-
fairs in the general interest OF the
combination, and the personal in
terest of its members. And per-
haps its measures in the personal
and professional interests of its
members have been more damag-
ing to the real interests of New
Mexico than those public in their
nature. They have usually been
carried through without attracting
public attention they have affect
ed, ostensibly, no public interest,
and have excited little public criti-
cism.
A considerable number of the
members Of that combination have
been Of the legal profession. Its
legal members are characterized by
their disinclination to carry their
cases before juries. Much of the
legislation of New Mexico assem-
blies has been dictated by the le-
gal gentlemen, and much OF their
Legislative work has had for its OBJ
ject the removal OF whole classes
of cases from the province and
consideration of juries.
An act of April 2nd., 1854, is an
act of this kind. 1t was drawn by
a member Of the " combination, ="
and for specific purpose, as well
as for a general one. 1t is enti-
tied IAN Act to determine and
quiet the title Of real property, and
for other purposes"
Sec. /. Provides that an action
to determine and quiet the title of
real property may be brought by
any one having, or claiming an in
terest therein, whether in or out
OF possession Of the same, against
any person claiming title thereto.
Sec. 4. Provided that the action
contemplated by this act shall be
conducted as other actions by equi-
table proceedings on the chancery
side Of the court.
SEC. 5, Provides, that for the
purposes Of this act, and for all
other purposes, mines shall be
taken and deemed to be real es-
tate.
Now, nearly all important liti-
cation in New Mexico affecting IT,
tie to immovable property, relates
to the title Of mining claims. In
this class of cases, the services of
a jury OF the vicinage is partlcu-
larly important. 1t can be readily
seen that sharp and unscrupulous
counsel would prefer, as the
draughtsman of the act in question
did prefer, to eliminate the popu-
lar element which can have the
knowledge OF local customs, of pri-
yate reputation and credit, which is
necessary to the proper construc-
tion Of facts IN evidence, and the
assignment of weight and credibil-
ity of irreconcilable testimony. II
will be readily seen that no single
Judge, however upright and i'm
partial, can possess the qualifca
tiOAs which secure for the verdict
OF a jury, in this class of cases, q
large measure Of public confidence.
We assert it as an indisputablc
fact, that u jury of twelve resi-
dents Of White Oaks and vicinity
can try a case involving title to
mining property in this district
better, and with more probability
Of reaching an equitable verdict, il
accordance with the law and the