Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1897-01-23

tion are 80 varied, that it will be almos
impossible even by the closest applica
tion for You to accomplish such legisla
tion as is required. For this reason,
hope that by harmonious and persisten
efforts, devoted wholly to the correction
of existing evils in legislative matters
that your honorable bodies may accom-
plish all that is possible to be accom-
plished during single session and tina
the results of your labor may be such al
to make this a memorable assembly IL
the history of this territory.
Among the more important measures
requiring your attention at this time il
the repeal Of much improvident legisla
tion heretofore enacted, and to pass new
laws remedial of the existing evil.
1t is impossible for me to direct you
attention to all of the subjects requiring
legislative action, and shall therefore
only attempt to call attention to some oi
the more important subjects, and before
making new recommendations I desire
to renew the following suggestions made
to the last legislative assembly, and
which were not acted upon by it. In my
! opinion, these subjects are all of 30 muct
Importance that they should receive youl
immediate attention and deserve at your
hands careful and deliberate considera
tion. In my last message I made the
following recommendations, which l mos
earnestly renew for your consideration al
this time:
One. of the most pernicious laws to be
found upon our statutes, and one that has
done more to aid criminals in escaping
punishment for their crimes, retard the
courts in the trial of cases, add to the ex-
pense of litigation, delay creditors in the
collection of their honest debts, and gen.
orally to defeat the ends of justice more
than any other law, ia that one known as
the "change of venue law" being chapter
n of the acts of 1889. This law should
more properly be entitled Gan act to de-
feat Justice and to aid criminals in es-
Gaping from punishment" for that is the
only purpose it serves. The law referred
to reads as follows:
"The venue in all civil and criminal
cases shall be changed whenever the judge
is interested in the result or is related TO-,
or has been counsel for either party, or
when the party moving for change shall
file in the case an affidavit of himself, his
agent or attorney, stating that he believes
such party can not obtain a fair trial in
the county wherein the cause is then
pending, either because the adverse party
has an undue influence over the minds of
the Inhabitants of such county. or the in
habitants of such county are prejudiced
against such party, or because by reason
of public excitement or local prejudice
in such county in regard to the case or
the question involved therein an impair
tial jury can not be obtained in such
county to try the same. Such affidavit
must be supported by the oaths of two
disinterested persons that they believe
the facts therein stated are true"
A careful perusal of this law must i'm
press every man at all familiar with liti-
CATION with it's evil character. A defend
ant in a civil suit who wishes to delay a
creditor from the collection of his debts,
no matter how just; or criminal, no
matter how guilty, who desires to put off
crimes committed, under this law, has
only to swear that she believes he can not
obtain fair trial In the county where
the case is pending" and then find two
complaisant tools to swear that "they be-
lieve the facts therein contained are true,"
and the court is compelled, without fur.
ther proof, and even with knowledge that
the afidavits are false, to change the
venue to some other county. He would
have to do this, even though hundred
witnesses, respectable and honest, should
swear to the contrary; NO positive testl-
mony is required from the applicant, he
has only to swear that he "believes" so
and so, and all other evidence is at once
excluded. Such law is disgrace to the
statute books of any civilized country,
and should be repealed by you at the
earliest practicable moment.
My predecessor in office, a gentleman
who has had long experience in this ter
ritory as your chief justice and who is
familiar with court proceedings, has
twice called the attention of the legisla-
ture to the existence of this law and it's
evil results. and strongly urged its repeal.
So long as it remains upon the statute
books, you must expect the trials of des-
perate criminals to be delayed from time
to time until the witnesses OF their crimes
have disappeared, and that in the end
many of them will 70 unwhipped of JUS
tlce. man whose life or liberty is at
stake seldom let's his conscience prevent
him from making any oath required to
save him, and this law compels the court
to accept as truth a statement made on
"belief" only.
can not more forcibly show to you
how this law is used to defeat the ends of
Justice, to delay trials and to permit
criminals to escape, than by reference to
a we'll known case now pending in the
courts of this territory.
Nearly six years ago prominent and
respectable citizen of this county was
shot In the back and killed in the streets
of Santa Fe. The party who killed him
was duly arrested by the authorities, and
at the fret term of the district court was
indicted for murder in the first degree.
He appeared d in court with his attorneys,
and the affidavit required in the above
statute was made, stating that, sowing to
the great prejudice existing in the minds
of the people of the county Of Santa Fe,