Albuquerque morning journal., 1910-07-27

LOT IaNOThDJe tOnSiutIdilOH VI u
resolution, and is as follows:
THE committee on the territorie
to whom was referred the joint rest
luton II. j. Res. "a, having had th
same under consideration. report
back to the house with the recon
mendation that 1t do pass.
This legislation of New Mexico, t
say the least. is unique and demon
strates the wisdom of the law givin
congress absolute control over tn
legislation of the territories.
1T is entitled An act establishing
the law and procedure in certail
cases In the judgment of the com
mittee the title should be An act t
prevent persons receiving injuries
through the carelessness c railroadi
and other corporations in the terri
tory Of New Mexico from recovering
any damages therefor
I'm passing, the committee would
say, that the act did no commend
itself to the governor of Few Mexico,
and was promptly vetoed 1y him, yet
the legislature, for some ause which
may be imagined, readil passed 1t
over his veto.
''The first section says there shall
be no civil liability eithertt common
law or under the statute n the part
of any person or corporabn for any
personal injuries inflicted or death
caused by such person n corpora
tion in the territory unles the person
claiming damages shall Sthin ninety
days after such injuries serve upon
the person or corporaon against
whom 1t is claimed, ad at least
thirty days before the commencement
of suit, an affidavit mae before some
person authorized administer
oaths, giving the nameotN the person
receiving the injurieslf ths person
be other than the affiAt, the charac-
ter and the extent 0 the injuries,
the manner i'm whin the, were
caused, the names ard addrsses of
all witnesses, and tlp facts er any
part thereof relating 10 such tiuries,
and shall also commence hisaction |
within one year after the injuhs oc-
CURED in the district court ! the |
county in which they occur oryhere |
the defendant resides, said aeth not
to be dismissed or discontinued cept |
by consent of the defendant, az all
the foregoing conditions are mie a
condition precedent upon whichthe
right to recover for such inJurlecan
exist. except as provided in secti 2.
'The second section permits he
person or corporation in the diSct
to file petition in the district crt
In the county where the petitier
lives stating that he is informed ht
some one claims damages for persql
injuries or both. setting forth as mr.
as he can the manner in which Ell
claim arose, asking that the pay
injured be required to appear In 50
court and file a statement OF
cause of action against such pc
toner in the form of a complaint,
which the petitioner may demur \
answer, when the matter shall proceed
to trial and damages, if any al
awarded, shall be assessed as the la
and facts may require, subject to tn
right OF having the matter reviewe
on writ of error; but in case tn
party summoned does not appear, III
court shan proceed TO try and deter
mine the whole matter ex parte.
"The third section prohibits a pei
son Injured in that territory to brin
any action or maintain any suit in an
other state or territory therefor; an
if anybody has done 1t, 1t shall be tn
duty of the court in the territory
set down for hearing and try and dc
termine the question as expeditiousl
as possible and on short notice to tn
other party. and gives the coul
power to compel the parties to appea
and plead; and in case 1t Is nc
triable by jury, the courts shall pre-
ceed at once to try and determine In
same, and providing also that tn
bringing of n suit in any other stat
or territory shall be construed by tn
court as waiver on the right of tn
person so bringing it to have tris
by jury in the courts of the territorl
section authorizes the court |
issue an injunction prohibiting tn
party from prosecuting his suit in an
other state or territory.
section s makes these condition
and limitations apply to all cases i
which damages for personal injurie
are claimed.
Section 6 does, however. conced
the right of parties to compromise tn
claim.
1T seems 20 the committee tina
this act throws so many obstacle
around the maintenance of an actio
for personal injuries as to be I'm man
cases a virtual denial of justice an
right. and that 1t ought to be eN
plunged from the statutes of New Mex
leo.
'It should be stated that recent
the United States district court
Colorado held the act in question I
be unconstitutional.
zone suit was brought in the stat
of Texas in which a judgment of non
liability had been ordered by a couI
In the territory of New Mexico unde
this act. and the court in Texas sal
that while Il was very peculiar pre-
vision. such as they had never hear
or known of in Jurisprudence, W
they did not know any reason VIII
there was not a legal right of tn
legislature TO provide that action {
non-liability. and declined to pass o
the constitutionality OF the law in
sister state or territory"
Mr. Henry of Texas: Mr.. Speaker
I yield the balance OF my time to th