The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-03-01

mittee on Judiciary.
BE 1T ENACTED BY THE LEGTS-
LATIvE ASSEMBLY OF THE
TERRITORY OF NEW MEXICO:
full. first, for any person, firm, COM
Dany, ASSOCIATION or corporation, for
eign or domestic, engaged in the sal
by retail o. by wholesale in this ter
ritory of any commodity or merchan-
disc in general use in this territory
or in any of the localities thereof, Enc
for he managing officer or officers of
any person, firm, company, association
or corporation, foreign or domestic,
engaged as aforesaid, to combine or
agree, or offer to combine or agree, or
to attempt to combine or agree, with
any one or more other persons, firms,
companies, associations or corpora
ton, foreign or domestic, or with n
of their respective managing officers,
to establish, maintain, or charge a un-
form price for any such commodity
or merchandise.
Sec. 2. That it shall be unlawful
for any resident agent or clerk of any
person, firm, company, association or
corporation, foreign or domestic, en-
NAo ooAS ~ ~ vi ny WdolC
sale in this territory of any commodi-
ty Or merchandise in general use in
this territory Or in any localities
thereof to have notice or knowledge
of the violation by his employer of
section 1 of this act without, immed-
lately after obtaining such notice or
knowledge, reporting in writing such
violation to the district attorney
whose duty it would ibe to prosecute
for said violation.
Sec. 3. That every person, firm,
company, association Or corporation,
managing officer aforesaid, Or resident
agent Or clerk aforesaid, who violates
any of the provisions of either section
of l Or 2 of this act, shall be guilty
of a misdemeanor, and upon coavic-
ton therefor shall be punished by a
fine of not less than one dollar nor
more than one thousand dollars, or by
confinement at hard labor in the
county Jail or the territorial penite1-
tiary for not less than one day nor
more than n year, or by 10Th such
fine and Imprisonment, in the discre-
ton of the jury trying the a
Sec. f.. That the trial, conviction
and punishment for any violation of
this act may be had upon an indict-
ment in the usual form but alleging
in substance only the violation of his
act giving the title thereof and the
chapter of the same and the page
where the same may be found OF the
published avs of this assembly; but
any person indicted as aforesaid, shall
he entitled to demand of, and receive
from, the prosecuting officer a bill of
particulars, setting forth, in detail,
conjunctively or disjunctively, all the
known facts which go to constitute
thu fD-- ~@- l~-~-l
against TIE person indicted; and it
shall be the duty of the district judge
to cause said prosecuting officer to
give the defendant a full bill of par
ticulars as to all said facts, so that
he may be fairly appraised of said
facts and the theory of the prosecu-
ton and the offense or offenses sup
posed to have been committed, with
in a reasonable time before trial.
e 5. That on the trial of any
one so indicted, it shall be the duty
of the presiding judge correctly to
charge the jury as to the law appli-
cable to the facts produced on the
trial and which go to constitute any
violation of this act, to h same ex-
tent and as clearly as. if each and all
of the possible violations of this act
as applicable to the evidence had
been set forth in form and substance
as heretofore required by law in one
or more cunts in indictments.
Sec. 6. That upon the investigation
of IL supposed violation of this act,
or upon the trial of any one, for the
violation thereof, if the prosecuting
officer shall desire to use any n
that is himself guilty of a violation
as a witness against any 9TH
err ~violator or v%iolators of this act, he
have the right to do SO by CALI
ing as such witness the person whom
he seeks so to use; and the person so
called shall be compelled fully to tes-
tify to all facts within his knowledge
touching any violation of this act,
whether such testimony owuld or
would not tend to eliminate such per-
son so called; but the calling n the
using in any manner as a witness of
any such person by the district attor-
ney shall operate Is a discharge of
such person from all indictments, pro-
secutio1s or convictions of n con-
corning the violations of this act that
may testify about, or that he might
testify about if fully Intercepted
while being used by the district attor-
ney as a witness; and upon any indict
or trial of sue a person for the
violation of this act, u person so
used as a witness shall have the right
to plead in bar to such indictment
trial the fact that he was there
called as a witness I testi-
fed, or would have testified, OF and
the matter covered by the
Indictment upon which he is about to
be tried.
Sec. Z. This act shall take effect
from and after its passage