Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1907-02-12

ticularly to the legal fraternity, were
also introduced in the house by Mr..
Holt and are now in the hands of the
proper committees.
One is a bill to repeal sections
1241, 3439, 3440 and 3447 of the
compiled laws of 1897 and for other
purposes. This bill provides that IL
any person maliciously attempts to
secure an indictment or to cause a
criminal prosecution or causes an
other so to do, he shall, upon con-
viction thereof be punished by fine
not less than $50 nor more than ST.
600, or by Imprisonment In the coun-
ty Jail for six months or by both such
fine and Imprisonment.
In the trial of a criminal case, IL
the court is satisfied that the case
was instituted maliciously or without
probable cause, the court may at it's
discretion tax the costs against the
prosecuting witness and said witness
shall stand committed until the
costs are paid
Another bill of interest is one in
which a witness in a criminal cause
pending in any court must upon re-
quest of the court, give a written
TeCOBlllZdDCe TWO OF
good and sufficient sureties to be ap-
proved by the court for his appear
ance as a witness in such a case. Af-
ter having complied with these con-
ditions, any witness who may fail to
appear when summoned, shall be
subject to an attachment to be issued
by the court
The third bill, which will do a
great deal towards aiding in the ar
rest of criminals and their detention
until evidence can be produced
against them, is an amendment to
section 342S of the compiled laws of
1897, relative to the issuance of a
warrant upon information and be-
lief. The amendment provides that
such a warrant may be issued upon
affidavits based upon belief or infor-
nation when such affidavits are ap-
proved in writing by the district at
torney for the county in which said
affidavits are executed.
This amendment modlfys the pres
ent law so that a sheriff who is NOR
ally certain that person is guilty of
some crime, may secure a warrant
upon his personal statement without
committing perjury. 1t often hap
pens that criminals escape because
eye witnesses or persons willing to
swear to a warrant, cannot be found
promptly. If the projected amend
ment becomes law, this condition
will be obviated,
County Division Agitation.
Representative Abbott of Santa Fe
yesterday presented in the house, his
ninth petition from the people of
Torrance county against the pro-
posed change of county lines under
council bill No. 10 by Mr. Dalies,
which provides for the abolishment
of Torrance county and the creation
of new county with the county seat
at Willard instead of Estancia. These
petitions, which bear several thous-
and signatures are now in the hands
of the house committee on county
and county lines. The committee
held an interesting open session fol-
lowing adjournment of the house yes
terday evening and the subject of
county division and the creation of
new counties came up for general
discussion. Maps of the proposed
changes both in Torrance, San Mi
guel and Eddy and Chaves counties
were presented. There is a strong
party of business men here from East
Las Vegas to lobby. in favor of the
creation of the new county of Gar
field. There will probably be hard
er fight on this matter in both the
house and council than on any other
measure likely to come before this
session. Both division and anti-di-
vision have strong constituents.