Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-12-28


older states like New York and Massa
chusotts from 81 to SO; and the city o
Chicago contains less than 100000 native
Americans in n total population of oyel
100000. Our people are mainly the
descendants Of the two great nations
which insisted on the rights of the people
in England under Magma Charta, anL
drove tho Moors out of Spain that self
government should reign there, They arc
the children of the patriots who fought
tor the Independence Of the United States
in l71G, and of Mexico fIOm 1910 to 1921
Surely the sons of such sircs must be
capable of self-gOvGrumCnt,
In whatever resolution you may see fit
to pass on this ubject, | would recon-
mend that yon include n remonstrance
against the pending senate amendments.
with brief statement Of the reasons for
our objections to them.
In suggesting other subjects for your
consideration, allow me in the first place
to repeat certain accommodations made
two years ago, while acknowledging the
prompt action of the legislature in
accordance with most of the suggestions
then made.
CHANGE OF VENUE LAW.
This still remains on the statute book
unrepealed, although so far as known.
no one has ever had the hardihood pub
licly to defend it. As I said in my mes
sage of 1880, the effect of this law il to
deprive the court of all discretion in
granting changes of venue and give to
either party an absolute right to such
change on filing an affidavit. This is not
only contrary to practically universal
custom, but is intrinsicaly wrong and
leads to none but bad results. Such a
law existed here prior to 1884, but was
repealed in that year on account of tho
improper uses to which it was put and
It's evil effect on the administration Of
justice. 1t was used simply by criminals
to postpone their trials until the witness
ses should have disappeared, or by par
ties IN civil suits in the endeavor to bring
their cases to trial in some county where
they could influence the jury. 50 far us
any good purpose was concerned 1t was
entirely unnecessary, as it has never
been charged that a judge refused to
grant change of venue in any proper
case. The ro-enactment of this law in
1889 was a sad mistake, and the history
OF its use during the last four years does
not change the estimation in which it was
previously held. 1t is wrong in theory
aud pernicious in practice, and should he
repealed.
1t may be added that this law has ma
terally increased the expense Of our
courts, by causing trials to be
held at a great distance from the scene of
the crime and thus requiring heavy mile
age for the attendance Of witnesses and
sherif's officers.
THE HABEAs CORPUS ACT
which purports to confer jurisdiction on
justices of the peace, should be removed
by repeal. The provisions IN question
are embodied in sections POLL and those
following of the compiled laws of 1854,
and the amendatory act OF 1889. While
they are invalid, yet their existence in the
statute book, may cause justices of the
peace to perform illegal acts, as in the
celebrated case when three justices
solemnly reversed the action of supreme
Judge, two years ago.
In my last message, endeayorcd to
point out the dangerous character Of the
ACT TO QUIET TITLES.
Inc OBJECT OF this law is not objection
able; but it can be abused in such a way
as to defraud hundreds of land owners of
their rights. This is done by calling
Lnina, I''Gn' "i unHtioWn now. owners, or unknown
ton in some obsrrro rn,ysnoncr ar nno
published at Il great distance from their
residences and in language which they
10 not understand, l have heard Of one
-'oo ~ Which parry VINO haa pousht the
had mnlt;tnda ~ o,,,,,o.s -
.his law; and those interested never knew
Or heard OF any suit, until after decree
"J niIt p''ii re eiitele" uePriVihS them OF thelr
,t6tute book 7 recommond u'1 tbnt sonr;"o on t,'o
5v nubIio.tion ho ronniro1 - ha ,,,aa'i,,
VERY newsnanor in tha corntr IN ,nhiob
he nronorty + sitrotod ond H. ta., w.
rlish and SHanish. md tbn4 nnrsonoi SOW
vice ho rcdrired IN o,or, oo,o ,rla,ne ~,
oartv ia he servad con ho osoar+a;,od o1d
: in the territorv Sncb on onoond,nnnt
: reouired 10 rratoct i'ta,o,tene h,,n
lreds of onr moor citiaens who own sharns
n orants Inv inheritance srnnaenthat NV, ,,',
heir titIn will ron,oi, norraot ,ir,4ir .l,a,,
lispose of II thernsaIvas
-.,
LhoASlAlloN'
proceeding now to general matters Of
egislation, I wish in tho first place to
Won on the succoss ,vhicb
49,, o4...,.,
'''' ",''''''o'' ''o P"o'"so Vi So'''e u 'he
measures OF the last session.
The legislation relative to
PUBLIC SCHOOLS
which had the honor to recommend
,nno.p,.. &c.,. -,
'"i neH'iS '"o years ago h''rhS an era IN /
he history OF New Mexico. 1t not only /
brings incalculable blessings upon the
,ominr conventions of orr o,rr oo,,,Io
,nt # boa born Of rast bonoft toi ~,