Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-01-23
OPEN REVOLT IN
SENATE AGAINST
old Time METHODS
REMARKABLE PLEA FOR KEEPING DOWN COST OF PRINTING At EXPENSE
OF MINORITY MEMBER BY Mr. HOLT FAILS TO CONVINCE MR. PANkEY
THAT IT IS The RIGHT THING FOR LAWMAKERS TO Do
SENATOR M'COY SPEAKS RIGHT
OUT IN MEETING ON SUBJECT

: by virtue of any of the laws of the
state of New Mexico either state, dis
! trict, county or city office who shall
wilfully misconduct himself in office
or who shall wilfully neglect to per-
form any duty enjoined upon such
officer by any of the laws of the state
of New Mexico, and who shall in any
public place within or without the
state be in state of intoXlcatlon
produced by strong drink, voluntarily
taken or who shall commit any act
constituting the violation of any
penal, statute involving moral turpi-
tude shall forfeit his Office and shall
be ousted from office in the manner
hereinafter provided.
Sec. . 1t shall be the duty OF the
attorney general of the state of New
Mexico and of the district attorneys
of the several districts of the state
within their respective jurisdiction
on notice being received by them in
writing that any officer herein men
toned has been guilty of any OF the
acts, omissions or offenses as set out
in section / of this act to forthwith
investigate such complaint and if, on
such investigation, he shall find that
there is reasonable cause for such
complaint he shall forthwith institute
proceedings in the district court of
the proper county or the supreme
court of the state of New Mexico to
oust such officer from his Office.
Sec. 5. The proceedings to olist
any state officer under the provisions
of this act shall be commenced by
the attorney general of the state Of
New Mexico, provided however, that
on the complaint being made to the
governor of the state of New Mexico
that the attorney general of the state
of New Mexico has been guilty OF
any or all of the acts set out in sec
tion of this act, it shall be the duty
of the governor forthwith to notify
the district attorney Of one OF the dis
4 tricts in the state of New Mexico
who shall proceed to investigate such
charges as in the manner hereinafter
provided for the investigation OF 9th
er officers and such district attorney
shall institute proper proceedings in
court of competent jurisdiction to
oust such attorney general from Of
fee.
Sec. H. Said proceedings in custer
shall be tried in a summary manner
by the court and shall have prece-
dence over criminal and civil actions
and shall be tried at the first term
after the filing of the complaint or
petition herein named, provided. the
answer hereinafter mentioned shall
have been on file at least ten days
before the day of trial. A continu-
ance may be granted either side for
good cause shown but no continu-
ance shall be granted by an agree
ment of parties
Sec. S. An appeal shall lie from
the decision of the district court to
the supreme court OF the state of
New Mexico on the part of either the
state or the defendant, but such ap-
peal on the part of the defendant
shall not operate to stay the judg-
ment of the court unless the defend
ant shall within five days from the
rendition of such judgment give a
supersedeas bond to be approved by
the court which appeal shall be tax
en- in the same manner as now pro
vided for appeals in civil actions, pro
vided, however, that such appeal must
be perfected and filed in the supreme
court within thirty days from the
rendition of the Judgment of the dis
trict court.
Sec. 6. Upon fling of the complaint
or petition for the writ of custer IA
summons shall be served upon the de-
fendant and copy of the complaint
or petition filed against him. The
answer day shall be the same as is
now provided in civil suits under the
code of civil procedure and the peti-
tiOn and answer shall constitute the
only pleadings allowed and all ale
cations in the answer shall be deem
ed controverted ard any and all ques-
tions as to the suficiency Of the peti,
ton or complaint shall be raised and
determined upon the trial of the case
and if said petition is held INSULT
/ cient in form the same shall be
amended at once and such amend
ment shall not delay the trial of the
; case
! Sec I. If the defendant shall be
| found guilty, judgment of custer shall
be rendered again him.
| Sec 8. Upon petition being filed as
provided in section of this act pray
T, ing for writ of custer against any
of the officers herein named and
whether such action is brought by
! the attorney general or by the dis
| trict attorneys of the various dis.
tricts, the district court or the judge
thereof or in case the action is
brought originally in the supreme
court then the supreme court or any
| Judge thereof NAV IN onnlioo f;o, ~