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

DAN i "A 4 lis IXs IN
he believed that he could not obtain jus
tice in the court OF said county," and de-
manded a change of venue. Two Other
persons appeared and made an affidavit,
that they "believed" the statement of the
accused to be true, and the case
was taken to the county of Taos. In the
course of time it was reached for trial,
when the indictment was found to be
faulty, and the defendant was discharged
re.arrested and brought back to Santa Fe
and at the following term of court rein
dicted for the same crime. Again he ap'
peared with his willing witnesses and
moved for change of venue upon the
same grounds of the "great prejudice ex.
listing in the minds of the people of San.
ia Fe county," whereupon the court again
changed the venue to the county of Taos.
Years rolled on, and once more the case
was reached for trial, when this defend
ant, who had twice sworn that "the preju.
dice of the people of Santa Fe county
against him was 30 great as to prevent
his having fair trial." appeared in open
court and voluntarily consented that tho
case be sent back to the county of Santa
Fe for trial, and again the venue was
changed, from the county of Taos back
to the county of Santa Fe. 1t is need
less to say that this cause is still
pending and no nearer trial
now than when the murder was COM
mitted-almost six years ago. We can
not tell what steps this defendant may
take to delay the trial when the case is
again called, but 80 long as there remains
that gives him the power to defer his
been done in this case, just 80 long may
we expect that he and all other criminals
will take advantage of to defeat the ends
of Justice. Self-preservatio is the first
law of nature, and so long as this law re-
mains upon the statute we must expsct
criminals to avail themselves of legal
provisions to escape punishment for
their crimes.
HABEAs CORPUS.
desire to renew the recommendation
heretofore made by my predecessor for the
repeal 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. A Justices court, being one of
limited jurisdiction, has no power to is
sue such writ, and an attempt to do so
is in violation of the law.
1t is we'll known fact that the greater
portion of the justices of the peace of this
territory are men of limited education,
who have had little or no experience in
legal matters, and who are unfamiliar
with the question of constitutional law,
so that while this law remains upon the
statutes there is great danger that u.s.
tices, in ignorance of its invalidity, may
honestly attemptto enforce it and thus re-
tard the courts in the performance of
their duties, and may in the future, as ir
the past, lead to the discharge of crimi-
nails deserving of punishment. 1t is GER
tainly unfortunate to have any law upon
the statutes which is known to be void.
Territorial Institutions.
The territorial institutions including
the penitentiary, insane asylum, and
various educational institutions, I am
happy to state, continue to make marked
progress and advancement, are all under
good management, and have accomplish
cd as much as could be expected with the
limited means which they possess, and
New Mexico can we'll congratulate her
self upon the high standing which has
been attained therein. Few states and
no territory has shown more liberality in
the support of its penal, charitable and
educational institutions, than have the
people of this territory, or q greater de-
sire to care for the afflicted, and the ad-
vancement of the educational interests of
the young. The marked success which
has attended our efforts Is something
that we may we'll feel proud of.
The Penitentiary.
New Mexico may we il be proud of it's
penitentiary, an institution always a
source of great expense and requiring
the greatest care and watchfulness for its
1t is usually source of
great trouble to the state or territory.
am glad to be able to report to you
that the we'll earned reputation of Col.
Bergman for his careful management and
care of the prison has continued during
the past two years. From his report,
which herewith submit to you, it will be
seen that the cost for feeding prisoners
per capita during the year 1895 WAS 12
19-10O cents per day; clothing, ~ 100
cents per day; from all other sources, 3S
cen1s per day, making total of 55 38-1o0
cents per day.
In 1896 the cost of feeding the prison
ers per day was 12 931O0 cents; clothing
them, SO 100 cents per day, and other
sources, 30 91-1OO cents, making total
cost of 40 9O-10O. 1t also shows that the
earnings OF the prisoners, including the
value of the work done for the territory,
exceeds the total cost, and gives the ter.
r;tory profit for the year 1895 OF ~
97-100 cents per day, and for 1896, 20
80 100 cents per prisoner. The result is
certainly satisfactory to the territory and
this has been accomplished in the face of
the fact that the territory has never pro-
yided the prison with the means of en-
ploying many of the prisoners, and larger
earnings could be made if some means
could be provided whereby they could
all be employed at all times. The
oRDnR AND DISCIPLINE MAINTAINED
in this institution is equal to that of
any other state or territory in the coun-
try. The sanitary condition is good
Al -