Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-01-22
MATTERS OF STATE.
Another Veto Message, but the Meas
ure is Promptly Passed
Just the Same.
Reservoirs and Health Board in tie
House-Consttutional Con-
Vention Bill.
SENATE.
SENATE.
MONDAYS AFTERNOON SESSION.

culture and manufactures.
The following bills were introduced:
ny Mr. JaraulllU, an AL 10 establish
and fix the compensation of assessors.
This bill fixes pay of assessors at from
500 to 81 900 a year, none to receive
more than the latter amount. Read the
irst and second time, ordered translated
and printed and referred to judiciary com
mittee.
BY Mr.. Franks, G.. B. No. 96, an act to
establish the right OF persons who have
occupied lands tor six Years and to limit
the action of ejectment Read first and
second time, ordered translated and
'rinted, and referred to judiciary commit
tee.
uy Mr.. Catron, G. B. No. 81, an act i'll
relation to change of venue. Read first
and second time, and referred to judiciary
committee.
BY Mr.. King, c. B. No. IS, an act to
facilitate the recovery OF ore taken by
theft or tresspass, to regulate the sale
and disposition of the same, and Tor the
better protection Of mine owners. Read
the first and second time and referred to
the committee on mines and public
lands.
By Mr. Rodey, C. B. No. SO, an act for
the qualifications of justices OF the peace,
constables and other officers.
This bill prohibits any person holding
any office i'll New Mexico in which he has
10 keep a record, unless he can read and
write in English or Spanish.
On motion OF Mr.. Jaramillo it was re-
ferred to the committee of the whole.
By Mr.. Rodey-C. B. No. 50, an act
prescribing the qualifications of probate
judges, fixing their salaries and the times
of holding their courts. The bill provides
that only lawyers can hold the positions
Of probate judge. Read first and second
time.
On motion of Mr.. Perea the bill was re-
ferred to the judiciary committee.
By Mr.. Rodey, G. B. No. 81, an act to
amend Sec. 23JS OF the Compiled Laws
Of 1884, relating to damages, and as to
who may bring suit for the death of q
person, when such death is caused by a
wrongful act, neglect or default.
This bill makes it an easy matter for the
widow, father, mother or other relative of
person killed by railroad or other pub
lie conveyance, in receiving $1,000 dam
ages. Read the first and second time.
Mr.. Rodey moved to refer to the judi
ciary committee. Mr.. Fort moved to
refer to the railroad committee, and after
some discussion between Mr.. kodey and
Mr.. Fort it was referred to the railroad
committee.
BY Mr.. Dolan, c. B. No 92, bill reg
ulating the proceedings of the probate
court This bill fixes the time for meet
ing of the probate court, notice OF which
at least four days previous must be given
in some newspaper. Read the first and
second times. On motion of Mr.. Dolan
it was ordered translated, printed and
referred to judiciary committee.
A message was received from the house
announcing that the house had passed Il
joint resolution providing that the finance
committees of the two houses shall ex.
anime the books of the auditor and treas.
urer.
By Mr.. King, C. B. 80, an act entitled
an act authorizing the funding of county
Indebtedness and for other purposes.
This bill provides for the funding OF
Grant countys Indebtedness. Read the
first and second time and referred to the
| finance committee.
By Mr.. For G. B. "a an &C to amer d
section Ivuo OF the Coupned Laws OF
1884. Read the first and second time,
and on motion OF Mr.. Fort ordered trans
lated, printed and referred to the COM
inittee on education.
By Mr.. Jaramilo, c. B. No. 95, an t
relating to persons that are holding public
lands, homesteads, with unprotected IT,
ties, etc. Read the first and second time,
and on motion Of Mr.. Jaramillo, referred
to the finance committee.
The veto message of the governor on
C. B. No. 3, An at in relation to the i'm
prisonment OF persons charged with crime,
was by the president laid before the coun-
I'll and read as follows:
EXECUTIVE OFFICE,
Territory Of New Mexico,
Santa Fe, Jan. Il, 1897
To the Council OF the Legislative Assembly,
Gentlemen: have the honor to re-
turn herewith council bill No. 5, can act
relative to the Imprisonment of persons
charged with crime" without executive
approval.
Section of this bill provides that here
after all persons charged with crime and
awaiting indictment or trial shall be i'm
prisoned in the county Jail OF the county
in which the alleged crime was committed,
at the discretion of the sheriff OF such
county, except upon change of venue to
be taken by the prisoner.
Section inficts penalty upon the
county retaining the custody of prisoner
from another county, as above, by putting
upon it the cost Of keeping and maintain
ing such prisoner, in violation of section | 9.
Section 3 requires that "any person now
imprisoned in any county other than the
county in which the crime charged is al
legged to have been committed, shall, if
such proper county have q Jail of its own,
be Immediately transferred and returned
thereto"
1t will be perceived that the effect of
this bill will be to take away from the
courts, as also from the executive, the
power to remand prisoners from and to
any county Jail in their discretion
whether for safe keeping or for any other
reason that tothem may seem sufficient,
and to large degree substitutes for the
discretion of these two coordinate branch
e, of the government, the discretion of
the county sheriff.
In this regard the operation of the bill
would he liable to prove very mischievous
and to not infrequently defeat the ends Of
Justice by measurably taking a prisoner
out Of the jurisdiction of the court and
pla ing it in the power of interested or ir-
responsible parties to procure the escape
OF criminals.
In this respect the bill attempts to re-
verse long established law and custom,
and in manner not conducive to the es.
Enlistment Of justice.
The custody Of criminals under all cir
cumstances, has always been very prop
erly lodged in the courts-especially the
authority to say where and how they shall
be confined awaiting trial. The courts
are the proper receptacle of this authority,
and for manifest reasons.
L