The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-02-14
Special Mail Correspondence.

Special Mail Correspondence.
Santa Fe, N. M, Feb. 12.-Twt
bills were introduced il h house
on Monday afternoon, by Holt, which
appear innocent enough on their face
but they afford possibilities which
it might be well to look into.
The first of these bills is House
Bill No. SO, which is a bill to amend
section 3428 of the Compiled Laws
of 1897, relative to the issuance OF
warrants on information and belief
The second is House Bill No. 20, en-
titled an act to repeal sections 1241.
3439, 344O and 3447 of the Compiled
Laws of 1897 and for other purposes.
Section 3428 of the Compiled Laws
provides: THAT hereafter no war
rant for the arrest of any person
charged with a misdemea1or or crime
shall be issued out of any court or
by n justice of the peace in this ter
ritory on the official oath of any pros
ecuting officer, nor upon the informa-
ton and belief o1ly of any such Off
Ger or other person; but in all. cases
such warrants shall only issue upon
the affidavit of SUCH officer or other
person, showing specific facts within
his or their w personal knowledge.
that constitute probable cause for the
issuance of the same" The bill in
troduced by Mr.. Holt provides that
warrants may be issued Oh informa-
ton and belief. There is nothing par
ticularly strange about this as man
warrants are issued on information
and belief.
The next bill repeats section 1,241
which is as follows: IF n person
shall maliciously, without probably
cause attempt to nave presented by
an Indictment Or other prosecution,
for any crime or m-isdemeanor, to be
commenced against any person, or if
two Or more persons agree between
themselves for that purpose, the per-
Sol so sought to be indicted or 9th
erwise prosecuted, being innocent,
the person or persons who SO offend
ed shall be fined in a sum not exceed
ing one thousand dollars, and be i'm
prisoned not more than six months,
and for ever after disqualified to SER
We as juror o. to vote at any election"
1t also repeats section 3,439 which
reads: I'm all capital Eases in which
+bo Iafondanf shall he oonfittnd- the
costs shall be paid by the prosecutor
1t repeats section 3,440 which is as
follows: I'm all case where n per-
son shall be committed or held to
answer a criminal %offense, and no in
dictment shall be found against such
person, the prosecutor shall be liable
for the costs" Another section repeal
ed by this bill is as follows: Sec
ton 3,447. Hereafter the costs in
criminal prosecutions in which there
shall be no conviction, the same shall
not be taxed against the prosecuting
witness, unless the court and jury
trying sucn causes shall find that
the prosecution has been malicious
and without reasonable cause"
These sections taken together are
hear a street rumor and secure a war
rant against an innocent person by
making a>complaint "ol information
and belief" without the danger Of in
curing the risk OF having to pay
costs. He might do this maliciously
and still escape either the payment
of costs or punishment for malicious
prosecution. With a willing district
attorney, no end of trouble might be
death out to persons who are not
crime had been committed. Section
1,241 of the compiled laws now pro
vides adequate punishment for per-
sons who maliciously attempt to Sc
cure indictments or for two or ore
persons who co1spfre to secure the
does not appear that there can be
any good reason for the repeal of
this section, or n reason for that
matter except for the purposes of in
timidation and persecution. With the
sections above referred tt repealed
malicious and designing persons
might secure the arrest OF any person
whether guilty of crime or not. with
perfect impu1ity either as to pay
ment of costs incurred or punishment
for conspiring to secure indictments
without probable cause Should these
bills and the district attorney bill be
passed. there would be a hne oppor-
tunfty for Bursum and his district at
t0rnHys to make it interesting for