Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-02-20
MEASURE NOT
UNDULY DRASTIC
Penalty Of Fine and ImprisOn.
mcnt Provided for Makers
and Publishers OF Dam
aging, Untrue State
ments.

M" w 1908, rt~'Hnct'u Dy tue pfeh
cnt legislature:
An net 10 define the offence Of libe
and affix the punishmcnts therefor.
be II enacted by the legislative as
sembly OF the territory OF New
Mexico.
Section l.. That n person who
with intent 10 Injure. makes. writes
prints, publishes, sells or clrculates,
any malicious statement affecting the
reputation Of another In respect TO
any matter or thing pointed out In
this act shall be deemed guilty OF II.
bel.
Sec, 2. II any person DO guilty OF
libel, he shall be punished by fine not
less Than one hundred nor more than
two thousand dollars. or by imprIson.
ment In the territorial p~enitentIary
not more than Two years. or by both
such fine and imprisonment In the dis.
erection Of the court trying the cause,
Sec, g. II any person with intent 10
Inturc the reputation OF another. shall
without lawful authority. make. pub.
Iish or circulate a writing pnrportipg
70 be the act Of some other person,
n which within the definition
OF libel as given in this aci. be shall
De punished In same manner az If the
act purported 10 be his own: n tho
ruleH with respect 10 libel amply also
70 the making and circulation Of such
false writing.
Sec. 4 He IL the maker az libel
who originally eontrived and either
executed Il himself by writing, print.
ing, engraving. painted or dictated
or caused or procured IL 10 be done
by others.
Sec 3. He IL The publisher Of libel
who. either by hls own viii or ~
,he persuasion or dIctation. or Mt the
solicitation or employment or hire Of
hnother. executes the same In any Of
me modes pointed out Ms constituting
= libel, but II amy one by force ar
threats is compelled to execute such
D he ~ guilty Of no offence.
Sec g He is guilty OF circulating
4 libel who, knowing its contents. eth.
81 sells, distributes or gives. or who.
with malicious design, reads or ~.
hibi,s II 70 others.
sec. 7, The written. printed or puh.
iished statement 10 come within The
ae'inition OF libel must convey the
Idea, either:
! That the person 10 whom II r..
'ers has been guilty Of some pena, 81.
fence, or
Ihat he has been guilty Of some
act or omission which. though no, a
penal offence. n disgraceful to him a.
= member 81 society, and the natural,
consequence Of which Is to bring him
into contempt among honorable p.r.
IONS or
J. Thai he has some moral vice ar
physical defect or disease. whion ,.n
GERS him unfit for intercourse with -.
spectacle society, and MS such should
cause him 10 be generally avoided, Or
4 That he is VIGOROUSLY Of ha1 a.
Infamous character; or
s. That any person IN off,c.
candidate therefor. Is dishonest ana
unworthy Of such office -
while in office he has been vnil,v
Of some m~aifeasance rendering him
unworthy ~ the place
ssc 3 A llhol mas b. either urst
len printed, engraved. etched or
but no defamation come.
the meaning u 4 painting on
sravine or earlcaiure unless II INNS,
appear therefrom that HE nor.
said 10 he DETAINED. vas in fact
Intended 10 he represented by such
'ainting. %engrayine OF caeicaturc
Sec 2 IN order 10 render any man
= libel Il must be circulated or
'oated up IN sutne public place. prp.
ided, thai type written matter shan
e considered manuscript Within The
leauing of this act.
Sec 10, u the Tibet be in a printed
'rn and issues OF Is sold 10 any of.
&c or shop where a pahllc -newspape,
conducted or where books or other
rinied works are sold or printed. the
publisher and proprietor .of
ieh ewspaper. OF any cue Of then. |