Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-01-05

people of Santa Fe county against hin
I; was SO great as to prevent bis having {
fair trial, ,"appeared in open court a nc
voluntarily consented that the case be
sent back to the county Of Santa Fe fol
trial, and again the venue was changed
from the county of Taos back to the
county OF Santa Fe. It is needless to say
that this cause is still pending, and nc
nearer trial now than when the murder
was ommitted-almost six years ago
We cannot tell what steps this defendant
may take to delay the trial when the case
is again called, but 80 long as there re-
mains upon the statute book section oil
law that gives him the power to defer his
trial and triHe with the courts, as has
been done in this case just 80 long may
we expect that he and all other criminals
will take advantage of it to defeat the
ends Of justice. Self preservation is the
first law of nature, and SO long as this Law
remains upon the statute we must expect
criminals to avail themselves Of legal pro.
visions to escape punishment for their
crimes.
Habeas Corpus.
I desire to renew the recommendation
heretofore made by my predecessor for
the rss;eai of the law providing that "any
three justices of the peace may issue a
writ Of habeas corpus"
This law has frequently been declared
void. Justices court, being one of
limited jurisdiction, has no power to
issue such writ, and an attempt to dc
80 is in violation of the law.
Tt is we'll known fact that the greater
portion of the justices of the peace of
this territory, are men of limited educa-
tion who have had little or no experience
in legal matters, and who are unfamiliar
with questions of constitutional law, so
that while this law remains upon the
statute book, there is great danger that
| justices, in ignorance ofits invalidity, may
honestly attempt to enforce it, and thus
retard the courts in the performance of
their duties, and may in the future, as in
the past, lead to the discharge of Grim
inals deserving of punishment. 1t is GER
tainly unfortunate to have any law among
the statutes that is known to be void.
Territorial Institutions.
am happy to be able to congratulate
you upon the splendid condition of the
various territorial institutions, all of
which, with ono exception, are running
smoothly and in fine condition, and have
made marked progress during the past
two years, their management being under
the influence of good men who have faith
fully administered the trust confided to
them.
The Penitentiary.
The territorial penitentIary, always a
source of great expense and requiring
the utmost care and watchfulness for its
maintenance, is in an exceptionally good
condition. The order and discipline
maintained by Shpt. Bergman, is all
that could be expected, while the result
obtaited, as will appear by his annual
report, herewith submitted is subject of
congratulatien. From this, we find that the
cost of feeding the prisoners for the past
two years has only been IL cents per head
per day; of clothing them, less than
cents, while the miscellaneous expenses,
including bedding, laundry, water service,
hospital expenses, furniture and utensils,
keeping of horses and all material pur-
chased for improvements, amount to
only 81 cents per day, making the entire
cest of maintaining the institution be-
tween 48 and 40 cents per day for each
convict.
| The report further states that the earn
iugs of the institution, including the very
valuable Improvements and additions
which have been added thereto exceed
the cost of maintenance. These results
have been accomplished under the great
est difficulties. Two years ago there
were only the bare penitentiary buildings
proper surrounded by blank walls; there
were no outbulldings nor shops for the
men to work in, and little or no machin-
cry or material for them to work with.
Since then the entire premises have been
enclosed with splendidly built brick
wall with substantial and comfortable
guard towers and walks. Now there are
/ outhouses, workshops and stables and
other valuable buildings erected and still
others in the course of erection, while
other extensive Improvements have been
planned to be erected in the immediate
future; but this work even as planned
will not be sufficient to occupy the time
of the convicts during the next two
years, and question of grave import
auce that presents itself for your con-
sideration at this time is to find employ
ment for the inmates and the means of
utilizing them in some profitable occu-
patton. Their good health as we'll as
their morals demand that thty be occu-
pied and kept busy at some employment
whereby they can earn part, if not the
entire expense of their keeping and thus
relieve the burden of taxation put upon
the people. Iagree with the superinten-
dent as to his recommendations in this
matter. and hope that you will provide
the necessary means to carry them out.
also recommend a change in the law
which places this institution and the su-
perintendent under the control of the
board of managers, consisting of seven
members located in various portions of
this territory; some of them at a very
great distance from the capital, which
they can reach only at a great expense.
So large number is both cumbersome
and ex pensive. The salary amounts to
| s., 400 per year, while their travelling and
hotel OK penses reach the sum of s..
All, or nearly all of this could be saved if
this board we're made to consist of three
members, viz: The auditor, treasurer and
solicitor general. A board of seven men,
bers having the power of removal of the
superintendent tends to destroy the dis
cipline and morale of the institution.
The superintendent feels the necessity of
complying with the requests of those who
have the power in their hands to remove