Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-02-18

Following is the text of the libe
law enacted by the Twenty-eightl
Legislative Assembly January, 1888
passed over the Governors veto Jan
uary 30th, 1889, repealed by the Thir
tieth Legislative Assembly during th'
1893 session and re-enacted by th'
Thirty-sixth Legislative Assembl!
Thursday last. The New Mexican
gives the law in full in order to show
how senseless and ridiculous Is the
howl of the Albuquerque Journal, the
Albuquerque Citizen and few Demo
cratic papers and how dense is the
ignorance of these sheets upon its pro
visions. 1t is safe to say that the edi
tors who have been -ing against the
measure have never read it, and are
utterly without an intelligent concep
ton of it's contents. The bill is based
upon the libel law now in force in the
great state of Texas, a Democratic
bulwark, and state which claims to
jealously and carefully guard or at.
tempt to guard the rights and privi-
leges of its citizens. Here is the bill
in full:
An Act to define the offence of libel
and afflx the punishments therefor.
Be it enacted by the Legislative AS
sembly of the Territory of New Mex
leo.
Section 1. That any person who.
vii INT fD Sv1iv vrn &c vxyri 10
prints, publishes, sells or circulates,
any malicious statement effecting the
reputation of another in respect to
any matter or thing pointed out in this
act, shall be deemed guilty of libel.
Sec. 2. II any person be 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 penitentiary
not more than two years, or by both
such fine and Imprisonment in the dis
erection of the court trying the cause.
Sec. 8. If any person with intent to
injure the reputation of another, shall
without lawful authority, make, pub
lish or circulate writing purporting
to be the act Of some other person, and
which comes within the definition of
libel as given in this act, he shall be
punished in the same manner as if the
act purported to be his own; and the
rules with respect to libel apply also
to the making and circulation of such
false writing.
Sec. 4. He is the maker of libel
who originally contrived and either
executed it himself by writing, print
ing, engraving, painted or dictated
or caused or procured it to be done
by others.
Sec. 5. He is the publisher of libel
who either by his own will or by the
persuasion or dictation, or at the So
licition or employment Of hire of an
other, executes the same in any OF
the modes pointed out as constituting
libel, but If any one by force or
threats is compelled to execute such
libel he is guilty of no offence.
Sec 6. He is guilty Of circulating
libel who, knowing its contents eth
er sells, distributes or gives, or who,
with malicious design, reads or ex-
hibits it to others.
Sec. Z. The written, printed or pub
lished statement to come within the
definition of libel, must convey the
idea, either:
/. That the person to whom 1t re-
fers has been guilty of some penal Of
fence: or
Q. That he has been guilty Of some
act or omission which, though not
penal offence, is disgraceful to him as
a member Of society, and the natural
consequence of which is to bring him
into contempt among honorable per-
sons; or
3. That he has some moral vice, or
physical defect or disease, which rem.
ders him unit for intercourse with re-
spectacle society. and as such should
cause him to be generally avoided: or
4. That he is notoriously Of bad or
Infamous character; or
S. That any person in ONCE or a
candidate therefor, ID dishonest, and
therefore unworthy Of such ofice,e or
that while In ofice he has been guilty
Of some malfeasance rendering him un-
worthy Of the place.
Sec. 8. A libel may be either writ
ten, printed, engraved, etched or
painted, but no defamation comes with.
in the meaning Of q Notwithstanding
or caricature unless 1t must clearly
appear thsrefrom that the person said ]
to be DETAINED, was in fact, intended
to be represented by such painting, en-.
craving or caricature.
6ec. .. In order to render any man
uscript . libel It must be circulated or