Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-11-25
UNDER AMUSEMENT,
Brief Outline of the Arguments i'll fr"
ceedings Against the Sherih
for Contempt.

In the matter OF the proceedings against
Sheriff Chavez for contempt in falling 10
obey the order OF District Judge Seeds
and combining Commissioners Sloan anu
Martinez in jail, for being in contempt OF
court the arguments continued all day
Yesterday, closing at 4 80 last evening,
when Judge Seeds took the matter under
advisement.
On behalf OF the sheriff it was argued
that the district courts were courts created
by statute and could therefore exercise no
powers except those expressly granted by
statute and that no authority had been
expressly given by congr 81 or the New
Mexico legislature ior such proceeding
as the present one. Counsel called at
tention to various statutes OF the territory
as the duties and liabilities OF the sheriff
and contended that they were exclusive
Of any other punishment for neglect to
perform his duty. 1t was further claimed
that the writs OF commitment which the
sheriff refused to serve were void and
that therefore the sheriff COnld not be
punished. The grounds for claiming that
the writs were void were that the court or
rather the Judge, had no power to find
tie parties guilty OF contempt and order
their commitment in vacation and that
the provision in the statute about msnda-
mus as to the imposition OF fine not eX-
ceeding $3.50 was exclusive OF any other
punishment for the contempt committed
by the commissioners. 1t was stated by
counsel for the sheriff that proceedings in
mandamus ere purely statutory in Their
character and could not be had in the all
sence OF statutory authority.
On the other hand it was argued that
| while the courts were created by an act
of congress, yet so far rs the Legislature
of New Mexico was concerned and so lar
as their jurisdiction was assailed they
were constitutional courts, as the Organic
| Act was to be considered as constitution
Tor the territory, as has been repeatedly
held by the courts CT various
territories and by the rsupreme
court of the United States. 1t follows,
necessarily, that those courts are courts
OF general unlimited common law jurisdiC-
ton, and can not be shorn OF any portion
of that jurisdiction by acts of the legisa-
ture which has only power to regulate
the exercise,
1t WAS conceded that the statutory pro-
visions as to the punishment of sherllIs
and of the county commissioners for OIL
cial misfeasance might be exclusive OF
other punishment. But it was claimed
that proceedings in contempt were OF two
kinds, one punitive and the other coer-
| Give; that in the present case the pnnl-
tive proceedings were limited and defined
by the statutes, but that those statutes
did not deprive the court OF the necessary
power to enforce obedience to its orders;
that the guilty parties might be punished
under the statutes in other proceeding IN
addition to being forced to obedience As
to the power of the court to act IN vaca-
ton counsel relied upon sections 1929
and 1000 of the Compiled Laws, which
provide in substance that the district
courts shall be at all times open and in
session for almost all purposes, the only
exceptions being jury trials and the max.
ing Of final judgments in cases at
law. 1t was contended that the
coerciye order OF commitment was not a
final Judgment as would be the impos-
ton OF any Of the statutory penalties, and
could therefore be made in vacation.
Counsel laid great stress upon the help
less condition to which the court would
be reduced ii the position taken by the
other side were correct and illustrated by
numerous examples the ruinous effects
OF such doctrine. Many cases might
arse in which public officers would very
gladly pay the fine OF $3.50 rather than
perform duty commanded by the
court, especially if large amounts Of
money or important political interests
were involved. There can be no doubt
that in the present case the money for
the payment of such fines would be
readily forthcoming if by their payment
the CONT could be paralyzed, as GAINED
on the other side, and rendered powerless
to enforce obedience to its orders.