Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-09-19
NO TRUSTS.
Combinations for Gain as Against the
Consuming Public not to be Toler-
ated by the State
Vote on the School Clause Unanimous
The Chilli lncident-The Judi
Cial Article.

In the state constitutional convention
yesterday the reports OF the committees
OH corporations and on municipal cor
porations were considered and also the
judicial article was finally passed upon.
The proposition to reconsider the matter
Of making the state superintendent OF
education an appointive office was carried
and that office was made elective by an
almost unanimous vote. In the afternoon
Col. Heman asked and obtained unani-
nous consent to permit Mr.. Perea to
change his vote OF nay to aye on the art
icle on education, thus permitting it to 60
on record that the public school clause in
New Mexico's state constitution received
the unanimous Endorsement of tie con
vention. Applause and cries of "Perea,"
''Perea" followed this incident
At last nights session q number of del
cgates led by Mr.. Rodey and Gov. Slower
undertook to have the convention oblit-
crate the present Santa Fe-BerEallllo
ounty line, recalling the alleged "rape OF
Chilili," which resulted in the legislature
utting the Chilli district out OF Berna-
lilo and lacking it on to Santa Fe with
out Mr.. Rodey's knowledge and consent
A long debate followed and the conven-
ton bv an overwhelming vote decided
to let existing county lines remain I'M
touched.
In debate on corporations the consti-
;utional provision against trusts and
combinations for gain to the disadvan-
tage of consumers came up, and the
clause finally adopted by the convention
is, if possible, even stronger than the
wording OF the provision suggested by
Gov. Ritch. This clause reads as fol
lows:
Any combination between individuals,
| associations or corporations having for
It's object or which shall operate to con
tio the price Of exchange of any article
Of manufacture or commerce, product OF
the soil or mine, is hereby prohibited
and declared unlaw iul ana against public
policy, and the legislature shall provide
10y law such penalties and forieltures as
shall he sufficient to prevent all such un-
lawful combinations.
The convention adjourned at noon TO-
day, not to reassemble till 4 o'clock, the
com mittee on revision going into session
ut 2. Following is the article of judicial
department as finally adopted yester'
day:
| ARTICLE -
THE JUDICARY-DIsTRIBUT OF JUDICIAL
POWERS.
Section l. The judicial powers Of the
| tate shall be vested in a supreme court,
| district courts, probate courts, just
ires OF the peace and such other
ourts inferior TO the supreme court,
! including arbitrations, as the legislature
may from time to time establish.
THE SUPREME COURT.
Sec. 2. The supreme court, except as
otherwise provided in this constitution
shall have appellate jurisdiction only, in
Ill actions, suits and other proceedings
| t shall have general supervising con
| cr0l over all inferior courts, under such
| regulations and limitations as may be
prescribed by law.
| Sec. 8. The supreme court and the
judges thereof sliall have power to issue
all writs and processes necessary to Sc
| ure justice TO parties end to exercise
he enforcement Of its own judgments
and DEGREES of its jurisdiction and tC
near and determine the same. And the
exercise of such jurisdiction shall be reg
| Ilated by law, but in no case removed
! nto said court shall trial by jury or the
aking of evidence on any question raised
10y the record ever be allowed.
Sec. 4. The supreme court shall con-
Sist Of three justices, one of whom shall
| De styled the chief justice; but after ten
ears from the time when this constitu-
| ion goes into effect the number may be
increased to five by law. Their terms OF
,fiice shall be six years, except those OF
the first three justices, of whom one shall
hold Office for two, one for four, and one
Tor six years. A majority OF the mem.
hers OF the court shall constitute a quo
rum.
Sec. 5. Noperson who is less than 80 or
more than " years Of aye shall hold the Of
flee OF the justice of SUI rene court, or judge
pf district court, nor unless he has been
| member OF the bar for six years and q
| citizen of the United States and resi-.
lent OF New Mexico for two years. Any
such justice or Judge may be removed
from office only after impeachment and
conviction thereon for corruption, Off
cial malieasance, wilful neglect OF duty
Or irct competency; but pending such i'm.
peachme It he shall exercise none of the
| duties OF his office.
Sec. 6. The judges Of the supreme
court shall lie appointed by the governor
by and with the advice and consent OF
the senate, and their salaries shall be
fixed by law, which shall not exceed
IS 900 per year. No two of such judges
shall be appointed from residents of the
same judicial district. The judge having
the shortest time to serve shall be styled
the chief justice and perform the duties
thereof.
Sec. 7. The supreme court shall hold
at least one term in each year at the seal
of government, but the legislature may
from time to time direct that said courl
shall hold additional terms in any one OF
more judicial districts.
Sec. g. The judges Of the supreme
court shall by virtue of their office be
conservators OF the peace throughout the
state.
Sec. 8. The supreme court shall ap
point a clerk thereof, who shall hold hi
office six years, subject to removal by thu
court. His compensation shall be fixet
by law, and his duties shall be prescribed
by law and by the rules OF the supreme
court.
Sec. 10. The governor shall designate
so many district judges to act as judges
of the supreme court nd interem as shai
be necessary to constitute quorum