The Washington herald., 1908-03-12
.SLAPS NEW MEXICO
Congress to Rebuke Terri
tory'S Statement.
MAY DIsAPPROVE ONE LAW
Act Affecting Institution OF Civil
Suits in Personal Injury Cases in
by National LeGislnture-Senate
Has Acted-NOw Up to House.

Congress having done its best at the re-
buking. the President is now about to
enter the prolific field of slapping. and as
the first sIappee has decided 10 name the
Territory OF New Mexico which is at
present pining greatly for Statehood.
! Incidentally, the railroads which run
through New Mexico are to be handed a
select portion OF well-known yellow
fruit
AS long ago as 1903 the legislature OF
New Mexico passed what has been termed
a most extraordinary law, governing the
institution and prosecution OF civil suits
for damages for personal injuries. One
Of the entirely unique provisions OF this
law was that requiring persons injured
and wishing to sue 10 do so within ninety
days after the injury was received. An
other peculiar provision was that which
forbade the institution Of suits for in
juries received in New Mexico in the
court OF any other State or Territory.
Strange Provision.
In keeping with this is the following
provisions
Section FOur-Whenever Il shall be
made to appear IN the district court x
this Territory for the county in which
petitioner or plaintiff lives. by any petit
ton fled under section three hereof. or
by a supplemental petition, or by an
original complaint filed for that purpose.
that petitioner or plaintiff fears or has
good reasons to fear that any other per-
son is threatening or contemplating Insti-
tuting suit in some other State or Terri
tory 10 recover damages against petit
toner or plaintiff for personal injuries or
death caused in this Territory. or that he
has already instituted and is then main
tanning such suit, it shall be the duty
Of the court. upon such bond as the court
may require being given. to issue its IN
junction pendente lit restraining such
party from iustitutiug or maintaining such
suit I'm any court sitting in any other
State or Territory. and at the final hear
ing. II such facts are found by the court
to be true. the court shall make sucE
injunction perpetual; and az the final
hearing in all cases Instituted under the
provisions Of section three hereof the
party complained Of in the petition shall
be perpetually enjOined from further in
stituting or maintaining any suit or ac-
ton 10 recover damages by reason OF any
OF the matters or things set up in said
petition"
This remarkable act passed the terri
torial legislature with whOop. but was
vetoed by the governor. The legislature
then proceeded 20 give two more whoops
and passed ii over the governors head.
Cutie n Merry Day.
Since that merry day. at whose de-
parture all the engines OF all the railroad
companies footed long and loud. the law
has been the subject Of much sarcastic
comment. Federal judge sitting AT
Denver, having before him case OF
personal injury in New Mexico. declared
that this law is beyond question uncon-
stitutionaI.
There have been some attempts to have
It changed, but UP until the present ses-
sion Of Congress little progress has been
made. \ joint resolution disapproving II.
introduced curing the present session
however. passed the Senate on March ,
Yesterday the House Committee on
Territories decided 20 report the resolu-
ton favorably. so that it Is practical.y
assured that II VIII pass
The joint resolution is one "disapprov
ing OF certain laws enacted by the leEis
lative assembly Of the Territory Of New
Mexico. The adoption OF the resolution
by the House viii mean that New Mexico
will not only be we'll slapped In her legis-
ative member, but that she will have
10 get new personal injury law.