Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-02-25
IN THE SWIM !

Continued from 4th page.
that claim is based, than in him who re-
ceives and acts upon it, believing that it
clothes him with right to the office to
which itappoints him. Ii there is any
offense in this case, the executive is the
offender. If the claim to an office under
and by virtue of a commission issued by
him is an otlense under this bill, the ex-
ecutive issuing the commission is the
party to whom the anathemas OF the bill
should be directed, and not to the party
to whom the commission is issued, inno-
Gently believing, as he has right to be-
lieve, that it clothes him with right to
the office named therein.
1t is OF current public repute that it is
the purpose of the executive to promptly
fill by appointment and commission,
every Office created by the bill to which
this is supplemental, and | therefore
respectfully suggest that before this bill
shall have passed into the form of law, its
primitive features be so changed that the
sion to the offices involved, instead OF the
recipients of those commissions, be made
amenable to the pains and penalties
therein imposed. EDMUND &. Ross.
EXECUTIVE OFFICE,
Territory of New Mexico,
Santa Fe, Feb. 25, 1889.
To the 18th Legislative Assembly.
Gentlemen: have the honor to return
herewith to the house in which it origin
ated council bill No. 8S, San act to facilitate
the recovery of ore taken by theft or tres
pass, to regulate the sale and disposition
OF the same, ETC., with suggestions for its
correction, to the end that the bill may
more efiectually subserve the purpose OF
its enactment without injury to the parties
involved, and without hazarding the de-
feat OF that purpose by the invalidation OF
the bill in the courts.
As the bill now stands it is obnoxious,
to degree, at least, to the constitutional
guarantee in article 4, that "the right OF
the people to be secure in their persons,
houses, papers, and effects, against I'M
reasonable searches and seizures, shall
not be violated, and no warrants shall
issue but on probable cause, supported by
oath or affirmation, and particularly de-
scribing the place to be searched, and the
persons or things to be seized
The bill authorizes this writ of search
simply upon an affidavit, without describ-
ing the place to be searched, and very in
definitely describing the things TO be
seized-and this affidavit gives any person
who is willing to swear that any indefinite
amount in value of ore has been stolen
from him within the previous year, no
matter by whom or where, the right to
ransack every book of accounts OF every
nature, belonging to any smelling estab-
lishment or reduction works of the state
of whose affairs such person may desire to
inform himself, or to sell the information
to others or for any legitimate or illegiti-
mate purposes.
1t would be difficult to formulate a law
which would permit the establishment of
more dangerous system of Matchmaking
than this might be converted into
There are many excellent and needed
provisions in this bill, but if this objec-
tionable feature soould be retained, it is
not improbable that it would be judicially
invalidatated, and thus all its really good
features would be lost.
1t is for that reason that | very respect
fully yet urgently request its modification
so as to conform strictly to the require
ment of the constitution quoted, and also
by requiring, instead OF the simple afli-
davit OF person who may or may not
be ,esponsible-who may or may not
have q legitimate purpose to subserve-
the issuance of a properly guarded search
warrant by competent judicial tribunal
1t is quite as much to the interest of the
miner as to the smelling establishment
| that this amendment be made Roth
have rights in the measure, and these
rights should be equally conserved.
EDMUND G.. Ross.