Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-11-19

UFfeI Duf very tledF argument 10 SHoN
the court that IL has no jurisdiction,
and hat the proper place to bring
the action Is In the district court.
An Interesting Point.
Probably the most interesting point
brought out in the hearing yesterday
before Judge craig. was that by Mr..
Field, IN which he brought TO the at
tenfion Of the court the chapter Of the
New Mexico laws Of 1907. relating 10
malicious prosecution. While there
has been no desire or attempt on the
part Of any one 10 attribute improper
motives TO the three business men
WHO have Instituted the present ac-
lions, and while there is. on the con-
trary. very general satisfaction with
the fact that the matter has been re-
solved from a bunch Of rumors into an
actual proceeding in which definite re-
suits may be had. there have been ru-
mors and statements from other quar-
ters Of d more or less threatening ma
ture 10 the effect that II saloons have
Ia close in Albuquerque on sunday,
the street cars, telephones
and other necessities OF a modeFn
civilization shall not run. 1t Is in con-
nectlon with these latter statements
that the Introduction Of the malicious
prosecution statute into yesterday
hearing becomes distinctly interesting
The Morning Journal has been adj
vlsed hat II Is not In violation Of the
New Mexico blue law to issue a news
paper on sunday, and that II is not In
violation Of that law to perform the
necessary to issue both a Sun
day morning and a Monday morning
The Morning Journal Is en-
satisfied of its right TO publish
ln sunday and on Monday without an
possible violation OF law; just as The
Traction company is probably we'll
satisfied OF its right 10 operate street
and the Telephone company Of
rs right 10 operate a telephone ex-
change.
The Morning Journal is going right
along publishing a newspaper every
Hay ia the year and Is not concerned
At all, 40 far as this newspaper is con-
by the present action or any
other action on the Sunday law.
But in connection with the numer-
aus statements which have been made
not only with reference to the Morn
ng Journal, but to the street cars.
telephones. news stands. and many
lines Of business and labor
which nay or may not come under
he terms of the New Mexico Sunday
aw. the following section from the
New Mexico laws OF 1907 becomes
Interesting. II II given In full
Chapter CT. Session Laws OF 1907; ,
An act 10 repeal sections I2s1. ,
3440 and 3441. Of the complied
avs Of New Mexico Of 1897. and for
purposes. H. b. No. 20. APP
proved March 20. 1907.
'Be II enacted by the Legislative as
emily Of the territory Of New Mex
co:
section !. That sections 1241. 8439. /
.440 and 3447. OF the compiled laws OF
.s97, be and the same are hereby re- !
section 2. II any person shall mali
iously procure or attempt TO procure
n Indictment, or otherwise cause OF
Ittempt to cause a criminal charge to
q preferred or prosecuted against an
innocent person. he shall. upon con-
thereof be punished by a fine
4 not less than fifty dollars Nb0.00)
or more han 81 900. or by impris-
nment IN the county jail for not more
han six months, or by both suCh fine 1
imprisonment,
Section 3. Upon the trial Of any
riminal case whenever the court or
Of the peace shall be satisfied
hat any such Ease has been insti-
uted maliciOusly or without probable
the court may in its discretion
the costs therein against the pros
witness. IN which ven such
fitness shan stand committed until
ach costs be fully paid.
Section 4. All acts and parts Of acts
q eopflict herewith are hereby re-
and this act shall be in force
nd effect from and after it's passage.
Upon the basis OF the 'If-I-shut-up-
on Observation-Disclosures" people, his
Nv passed by the last legislature be-
ONES Of decided interest. According
b some OF the foremost lawyers in
Mexico the word necessity, as
sed I'm the New Mexico sunday law,
been construed very broadly 10y
Many courts. and IL may or may not
q possible to prove hat a news stand,
= a candy store, or a barber shop,
&c. come under the ban. And IN The
ane way prosecutions 10 close one
of business because another kind
.as been closed. may or may moi come
.nder the provisions of the malicious
seCution act. As has been said. !
here II no disposition In n quarter
o find fault with the business men
made the complaints In the aC-
ions now pending before Judge
Their action will probably re-
ult finally In shedding a good deal of
.ght ON the situation II seems to be
lirly we'll established thai an act like
he New Mexico sunday law will be
nforced just about as far as public
on iment demands lis enforcement. If
sentiment demands hat saloons
gambling halls. pool rooms, etc.
q closed on sunday, they are vety
key TO be closed and to remain
10 ed II public sentiment goes fur
her and demands that candy stores
cigar stores. barber shops and all
musements be closed on sunday.
hose things will be closed. And n
ublic sentiment demands the closing
WI OF newspapers. street cars ana
slcphones. they also may be closed,
he action now pending Is expected TO
a hoalthy effect on the situation.
hatever the outcome Judge Craig is
Vpected 10 determine the question Of
Ne jurisdiction OF his court this
.orning after which the further prog
,ss of the matter will be- determined