Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-11-09
W0ULDKN0W WHERE
Mr.. GORTNER
GETS OFF
HAS ATTORNEY GENERAL
RIGHT TO DEFEND.
Santa Fe Men Interested !
Law Which Prohibits Tel
toriaI Law Officer From I
Tending Persons Chag
With Crimes.

Especial Correspondents Morning IssFaai /
Santa Fe. n. NJ, Nov. s.-Sania p
people are more or less Interested IN
a question which has arisen here dur
ing the past few days. and which has
been much discussed In Connection with
the part taken by Assistant Attorney
General n. G. Gortre- I'm defending
Ricardo Alarid. who was convicted
yesterday OF jury fixing and sent 20
Jail for ninety days by Judge McFie
An vet OF the Legislature Of 1905.
amending section 1853 Of the complied
laws OF 1897, lays down the following
III the solicitor general. Jr any dis
trict attorney shall consult with any
accused defendant. or in any manner
shall ald the defense Of any person
accused OF n crime or misdemeanor
i'm this territory, he shall be fined IN
the sun of not less than $500, and
shall be removed from Office by judg-
ment Of the court If convicted of the
charge"
II Il advanced that Mr.. Gortner IL
both assistant attorney general OF the
territory, and in reality the attorney
general, through the continued alb
sence Of Judge Fall. and hat he is
also district attorney for Santa Fe
county.
Mr.. Gortner has conducted the de-
Tense of Alarid from start 10 finish, on
the Information charging contempt of
coutt through jury fixing. aud lawyers
here who have made a careful study
Of the law with it's amendments, say
his action constitutes a plain violation
of the statute. The amendment to
the section of the compiled laws, and
that section, follow:
Chapter 93-(Page 200, Acts. 19O5).
- - . @. 800. -
Compiled Laws OF 1897, the sanle In
regard Ia solicitor general and dis
trict attorneys. G.. u. No. III; APP
proved March 10. 1908.
Contents.
Sec. 1.-Section 1852. Compiled
Of 1897, prohibiting solicitor
general or district attorneys from
Consulting or defending persons ac-
used of crime amended. Penalty for
consulting or defending persons ac-
used of crime. Provisions.
BE It enacted by the legislative assem-
bly, Of the territory of New Mexico:
Section THAT section 25S2 of the
Compiled Laws of 1897. be amended
10 that the same would cad as fol-
ows:
" the solicitor general or any dis
.rict attorney shall consult with any
defendant, or in any other
= nAlhAi anu AIAt htiHfiht VI ANY
person accused Of any crime or mis-
lemeanor in this territory, he shah be
I'm the sum Of less than
hundred dollars (5OO) and shall
'e removed from office hy Judgment
# the court II convicted Of the charge.
Provided. further, that said solicitor
or district attorney are au-
and should be allowed by the
udgc>of the district court to defend
hniF EuEnu a1rnuIN. IN Fha .Vn,Ir.r - /
court, Npn which appears on said
ocket that said solicitor general or
istrict attorney were the attorneys
{ said cases prior to the appointment
Z said solicitor general or district at
Provided. Further. hat where II
ppears In the record of the court that
ne solicitor general or district attor-
ey was the attorney i'm some cases
rior to the appointment Of the said
general or district attorney.
! those cases the court shall APP
ONT a lawyer TO prosecute In those
trticular cases. allowing said lawyer
fee which Is allowed to solicitor
nneral or district attorney. and the
'licitor general or district attorney
ionld be allowed to defend in those
lrticular cases.
Provided, Further hat said solicitor
'neral or district attorney shall not
2 allowed TO take M case after he is
ppointed solicitor general or district
In which the territory or
lunty Is Involved In the litigation In
hitch the law compels the solicitor
neral or district attorney to prose-
ate or defend as said solicitor gem
al or district attorney.
This~act shall be in FUN force and
fect from and after it's passage.
See. 23N2, Compiled Laws, Of New ]
.exico Of 1897. page e09. 4
III the solicitor general or any dis
let attorney shall consult with any
'cused, defend or In any other man
" shall aid IN the defense OF any
accused OF any crime or mis-
'meanor In this territory, he shah be
In the sum OF not less than FIVE
inbred dollars n shall be G--
owed from office By the Judgment
the court on such conviction and J
.ntence."