Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-12-30


ana whose success would have brought
thousands of their Countrymcn, was Virtu-
ally driven out Of New Mexico by having
their Fields overrun by animals, under the
sanction Of this law.
And apart from its general injustice, it
Discriminate directly against the poor man
and in favor of the rich. 1t not only re-
quires a fence to be erected, but it prescribes
the precise kind of fence. 1t must he a
barbed wire fence, constructed of at least
four barbed wires securely fastened by sta
pies to strong and substantial posts firmly
set in the ground, at intervals not more
than sixteen feet apart; the first wire shall
be fastened to such posts eighteen inches
from the ground; the other three shall be
fastened to such posts at intervals of twelve
inches, beginning with the first wire 50
fastened"
If in any respect the fence deviates from
these directions the owner is liable to have
all his crops trodden down or eaten up with
out any redress. If the wires happen to be
eleven inches, or thirteen apart instead of
twelve, the fence is no legal protection. 1t
is evident that such a law was made simply
to protect the trespasser, and destroy the
honest and industrious husbandman. But
apart from that, the requirement of a barbed
wire fence is an outrage against the great
majority Of the people, In almost every
locality there is some natural and cheap
fence material, which can be procured by
an industrious man without expense. In
New England the boundaries are usually
stone walls because stone abounds in the
fields. In oak and chestnut sections, the
post and rail fence is the usual one. In
Virginia and the Southern States where
pine is plentiful, the "Nirginia or zigzag
fence of long rails without posts is univer-
sal. In Western New York and other
localities there are multitudes of fences
built of the spreading roots of trees, set on
edge. So in New Mexico, nearly every To-
caiity has some convenient material for a
fence or wall which the poor man can erect
by his own labor without the expenditure
of money. But nothing of that kind will
satisfy this extraordinary law. The fence
must be of barbed wires, and to attach them
to the posts one cannot use nails, but must
have staples. Now, every one knows that
barbed wire can only be procured by pur-
chase. To build such fence requires ready
money. No amount of labor will produce
it without actual cash, Such law, in my
opinion, is an outrage on the people and a
disgrace to the statute book. The only sur
prise is that it did not name the parties from
whom the wire should be bought; or enact
that every farmer should raise crops for the
support of wandering cattle. | trust that it
will be promptly repealed, and that the
legislature will enact stringent laws to pro-
teCt the farmer, the gardener, the fruit raiser
and even the woman who chooses to raise
flowers to beautify her surroundings, from
the owner of animals who has no regard for
the property of his neighbor.
THE HABEAs CORPUS ACT.
This is another extraordinary law. 1t is
Chap. SO of the Laws of 1889, and it is partly
an amendment of Chap. of the Laws of
1884, and partly an Independent statute
Its purpose is to make clear and definite the
proceedings on an application for the writ Of
habeas corpus before three justices of the
peace. How it was passed is Incompetent
sible, for every lawyer knows that no such
jurisdiction can be conferred on justices Of
the peace While it has no legal force yet
its results are perniciOus, for its existence on
the statute book naturally causes those I'M
informed to suppose that it has validity, and
three well-meaning justices may ignorantly
commit acts which would render them liable
to penalties. Public attention was not called
to this law until recently, when we have seen
the extraordinary spectacle of three justices
of the peace Solemnly sitting in judgment on
the acts of Supreme Judge, and reversing
his action as if they formed a High Court Of
Appeals. The law Of 1889 should be re-
pealed and the section which if amends
bo 90 rooorotrrotod -, 60 ,,o,,+
netition If srch oct;onS ~ onn r'ioto a y q
on the part Of honest officials.
THE NEW ELECTION LAW.
Cbontor ,95 of tbo louO of 1900 xolot;uo
- oloa.;oa oo-..:.a w., ,O'N'-.N
W eiec'lohs, CONTAINS many gooo proVis'
Ious, but lew so entirely opposed to the
principles of free ballot. that we must
sunnose that .hev nassad nnohservod
The fundamentals idea If an elect;or 10
that evarv Iaval voter shaIl hove 10 r;ab,
to cast freeIv and without in,imidot;on
one vote for The candidates Of his choica
and have that vote honestly connted
Whatever tends IN CARR ont tbot iJos H.
good whatever onnoses IL ~ mokes its
execntion ditticult ia had In ordor ~ 20, ",
the vote NAV be free and without intimi.
dation. it must be secret. The nroviaion
our old law for the numberino ri haIInts
prevents secrecy. and should have heer
repealed long since. [ recommend its re-
peal now. Returning to the law of 1880
its first provision, relative to a marty de-
vice is unobiectionable, and NAV be- 6ens
fetal in preventing illiterate persons from
being deceived But the next provision
which makes it Illegal to print any ticke
not nominated in a regular convention
strikes directly at the freedom of cleo
tions Its oujv effect would ba to hr;n,
about the election of bad men because
they had secured a party nomination
and to make the people the slaves of Tia,
caucus. The independent voter ia til,
regulator in elections. His existenc
forces parties to make good nomination
and avoid bad ones, if they would succeed
TO prevent his freedom of action ia t,
! la.vo tha ,.n;,,,lotoro of oon,o,.;.