Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-05-16
HOUSE MEASURE
! WIDENS SCOPE
OF PROBATE
COURTS
Bill Passed Yesterday Enables
Judge to Try County Mis-
demesnOr Cases and Assess.
Fines.
ATTORNEY REQUIREMENT.
MEETS OPPOSITION

Especial COrFeapgnuenco % HefaldD
santa Re, n. A., May 16.--rhe
house. when 81 recessed during the
noon hour yesterday, had taken up
Tor consideration house substitute for
house bill No. 90, which Is a measure
prescribing the duties Of the probate
courts, and Is considered an import
nnt bill. since Il greatly enlarg9s the
scope OF that office and creates q
court fund for a. This bill. to some
extent. makes a probate court, IN adj
dillon 60 its usual functions similar
Go what IN the state of Texas is
known ~ a county court, which per-
miss u 20 Try county misdemeanoF
cases. aaasss fines and In fact 20
handle considerable OF the court work
HI small cases TINT now falls TO the
lot OF the justice OF the peace and
% the district court.
The bill was opposed strongly by
Aiesars. Clancy Moreno and Vargas,
,ehO objected 20 that feature or Il re-
Quirlng probate Judge 20 be an at
tOrney 20 be eligible 10 the office.
MIR. Vargas pointed out that the
only attorney In the county Of Rio
Arriba was the district attorney, and
that they could not elect him 10 both
offices and comply with the law.
Mr.. Catron made n legal argument
on the bill, explaining that IL was
not In conflict with the constitution
and could be enacted Mr.. Burg
also supported the bill, declaring that
Il would save thousands Of dollars 70
the taxpayers. empty the iails OF petty
offenders. secure Immediate trial for
many cases that now 80 20 the dis
trict court and otherwise prove adj
ynutaEeouB
The aitorneyship clause was 80
drawn as 70 apply 10 only seven coun-
Ties where the probate judges already
are attorneys. s.vt there was 30 much
objection to thNt feature Of the bill
that Mr.. Catroa finally moved 20
|etrike Il out The motion prevailed.
Mr. Rogers and SIR. Nichols fought
she amendment. declaring that u
would defeat the very object OF the
|biil. because 10 permit anyone TO try
Eases OF misdemeanor or crime not
Familiar with the Jaw wOeld mean
qnany reversals and increase litiga-
zion instead OF preventing Is. some
one suggested that this would help out
she attorneys.
Mr.. Nichols took she view held by
Mr.. Rogers and championed tho of
Tending clause. bus Mr.. Cntron's mo-
tin prevailed by rising vote
After numerous minor amendments
had been made In the hiil one being
BY Mr.. cntron 20 provide that steno-
graphic reports of hearings before the
nourt need not be taken except when
demanded. and another by Rogers 90
nsaoss the stcnoEraphic costs against
the losing litigant, tho measure
passed the house BY vote Of sS
leo z.
The bin Is by Mr. Evans and is as
Follows;
BE It enacted by the legislature OF
the state OF New Mexico.
ARTICLE n.
Section 1, in addition TO The juris-
dictlOn exercised by the probate
courts OF the state Of New Mexico,
under existing laws. the probate
Icourts OF said state shall have gem
Ierai civil jurisdiction co-extensivo
/. Axith the respective counties. provld-
BED. however. said courts shall not
I have jurisdiction In civil causes ia
which tho matter IN controversy shall
Exceed the sum OF one thousand doll
lars exclusive Of interest. nor In other
.enatters inconsistent with the con-
ttitution or New Mexico.
Sec. 2. The probate judges shall
have jurisdiction co-extenBive with