Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1901-01-26
A MEMORIAL TO CONGRESS-.
The Bar Association Of New Mexico Memo.
rializes Congress.

rializes Congress.
The bar asAsociat tlon, at it's meeting
this week, adopted two memorials t
congress, one protesting against
clause in measure at present before
congress, Which provides that jurors il
New Mexico must be able to speak tbs
English language. This memorial vii
be published by the New Mexican or
Monday. The other memorial is as fol
| lows:
To the Senate and House of Repre-.
sentatives Of the United States O
America in Congress Assembled: You
petitioners, the members of the New
Mexico Bar Association, respectfully
call attention to the provisions, so fal
as they affect the territories, of the
act of congress of March 3, 1891, enti-
| tied "An act to esta blish circuit court;
of appeals and to define and regulate
| in certain cases the jurisdiction of the
courts of the United States, and fol
| other purposes"
| BY the fifteenth section of that act ii
| is provided that the circuit counts OF
appeals, in cases in which their judg
ments are made final by the act, shall
have the same appellate jurisdiction to
review the Judgments of the suprema
courts of the several territories as they
have to review THE Judgments of the
district courts and circuit courts.
1t is quite obvious that by this sec
tion congress Intended to confer some
thing upon the people of the territories
which would be of substantial benefit,
and that the new courts of appeals
should exercise an appellate jurisdic-
ticn over the courts of the territories
equal in Importance to that which they
should exercise over the federal courts
throughout the sta ties. Upon reference,
however to the sixth section of the act
which declares in what cases the judg-
me,r.s of the counts of appeals shall be
final, and comparing it with the preced-
ing section, which shows the cases in
which those Judgments are mot final, it
win be found that there is practically
almost nothing adjudicated in territo-
lldl IOuINS NlllCul Cdn NC lCNuCNCu
the circuit courts of appeals. The judg.
ments of the circuit courts of appeals
are declared to be final in cases in
which jurisdiction is dependent upon
diverse citizenship, which CLEARLY has
no application to the territorial courts,
and in cases arising under the patent
laws, the revenue laws and the crimi
nal laws, and in admiralty cases. 1t il
clear that we might have cases in the
territories under the patent laws, but
practically in New Mexico We have had
hardly any such. We have had cases
under the revenue laws; but never have
had any admiralty cases. The specf-
cation of cases under the criminal law
would appear to be important, but up
On reference to the fifth section of tn.
of the circuit courts of appeals are no.
final in cases of conviction of infamous
crimes; SO that we have the absurdit7
never intended by congress of an ap-
peal from the territory to the circui.
courts of appeals in minor and unini-
HOTldIUl cInIlMIldl CdSeS, WIMle ullc HlOtG
important ones cannot be reviewed.
That this view of the sta tute Is correct
will be shown by reference to the opin-
ion of the supreme court of the United
States in the case of Folsom VS.. United
States, 100 U. S., 1926.
A bill SO to amend the act creat ting
the circuit counts of appeals as to do
away with this absurdity has been in
troduced by the delegate from New
Mexico in the house of representa- tves,
and is now pending before THAT body.
Its passag ge is earnestly desired by ev-
cry intelligent and right minded person
who is at all interested in the due ad-
of justice in our courts.
Your petitioners therefore respectful
ly pray that the said bin may be
passed, to the end that due provision
may be made for review in the circuit !
courts of appeals of cases decided In I
the courts of the territories, which will |
be of practical benefit and advantage |
10 litigants in those courts.
I, Edward L. Bartlett, secretary Of |
the New Mexico Bar Associa tion, do |
hereby certify that the above and fore
going is full, true and correct copy Of |
4 memorial adopted by that body dt its |
session ON the 9th day of January, 1901; |
and that the undersigned was directed |
BY the resolution adopting the same to |
anIsnnit copies thereof to our delegate |
In congress, and to the judiciary COM
mittees of the house and senate of the !
United States congress.
In witness whereof, have hereunto
my name and attached the
veal Of said association, at Santa Fe,
Y. NJ, this 18TH day Of January, A. D.
901.
tseaD EDWARD L. BARTLETT,
Secretary !,