The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-01-23

This act repealed Section 30t6 of thu
Compiled Laws of 1897 providing fol
tae qualification of witnesses and COZ
btains u provision tnat no person offer
ed as a witness shall be competent tc
give testimony in any case who shall
have been convicted and sentenced fol
the commission of any felony or in
famous crime, unless he snail have
been first pardoned or restored to full
rights of citizenship.
1t frequently happens That in cri
minaI cases, the most important wit
ness for the Territory is himself al.
ready convicted of crime and that
the disqualification under this Act
preventing him from testifying, a cri
minal actually guilty of an equally or
more heinous offense cannot be con-
victed for lac of evidence. The state
of affairs brought about by this law
is repeatedly used as a lever to in
duce the governor to pardon a crimi-
hal already in the p~enitentiary in or
der to attempt to convict another cri-
minal not yet put to trial. When such
a pardon is issued the credibility of
the witness receiving it is, in the
mind of the average juror, not as
great as it would be if he were taken
from the ~penitentiary for the purpose
of giving evidence and returned there
after such evidence had been taken.
In h n case he will be subject to
the suspicion that he was ~pardoned
ton that he give particular testimony
while in the other the truth and sin
cerity of his testimony and his gener-
al attitude Of the witness stand would
doubtless be taken in consideration
by the penitentiary authorities and
and at the same time his testimony
would carry mor weight tnan if he
had been pardoned for the purpose of
giving 1t. l am informed that this
law is n of n a pernicious class
which was passed to meet a specific
case irrespective of good or bad effect
the general welfare of the Ter
ritory. If this is true it should be re-
pealed even if there were no other
reasons for doing so, as nothing is
more demoralizilg TO the j%urispru-
dence of any nation Or any communi-
consideration of laws, general and
comprehensive in their effect, for the
purpose of meeting some personal,
or local case or condition.
Sucn avs are almost sure to react
d~isastrously to the best interests of
urge upon you that, in the important
deliberations you are about to com
you always e in mind that,
as a body, constituting the legislative
branch of the Territorial Government
you cannot better deserve the graft |
whom you represent then by constant
ly guarding against the passage of
inconsidered, selfish and, in effect, |
legislation.
From the point of view of reputation
and pride of the individual members
IL dhy ISSloAdIuIO IL 10 uouDLACSo Z 1
while to bear this constantly
mild, as there is nothing that so
arouses the antagonism of the people
as the inevitable discovery ooner or
later, after such a law has been pass
ed, of the real motive for it's enact
ment.
New Counties.
l call you attention to that part
IF the message of Governor Otero to
he Thirty-sixth Legislative Assem-
counties:
IF the Legislative Assembly should
ieem it eXpedient to create new coun-
les, care should be taken hat such
as are set apart for this pur-
pose possess sufficient assessed valua-
ion to yield the needed revenues for
county government, and that sucn
counties are created to answer a real
and wish of the taxpayers In
lrafting the acts for the creation of
lew counties, care should be taken
hat they cover every contingency
which is apt to arise in organizing
nese counties, as in the past such
4cts have been at times drawn very
oosely, giving rise not only to en-
'arrassment but to serious legal
which might afect future
by the officials of such coun-
les" k
Which 1 most heartily endorse. 1t
s manifestly unwise to create new