Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-01-23

the attorney general of the state or
the district attorney bringing such
action suspending such officer or ofll-
GERS so accused from performing any
of the duties of their Office pending
final hearing and determination OF
the matter and the person having the
power by appointment to fill Vacan-
cies in such Office shall upon such
suspension. appoint some proper per
son temporary to fill said Office and
to carry on it's duties until such hear
ing shall be finally determined or un-
til the successor of the officer so sus-
pended shall be elected and shall have
qualified No person shall be sus-
pended from office under the provi-
sions of this act until at least five
days notice of the application or the
order of suspension shall be served
upon him, which notice shall set forth
the time and place of the hearing of
said application and said officer shall
have the right to appear and make
any defense that he may have and
shall be entitled to full hearing up
on the charges contained in the corr
plaint and upon the application for
the order of suspension and no order
Of suspension shall be made, except
upon finding of good cause therefore.
1 Ii on the final hearing of the cNm
plant or petition herein provided the
| officer is not removed from his office
he shall receive the salary allowed
/ him by law during the time of i .
suspension. Such officer 50 tempol
arily appointed shall receive the
same salary as is provided by law
! to be paid the officer filing such posi-
\ tion.
I Sec. 9. In case the complaint re-
ferred to in section OF this act shall
! be made to the district attorney in
stead of the attorney general it
shall be the duty of the district at
! torney Immediately to notify the at
| torney general of such complaint and
to transmit to said attorney general
statement of the nature of the same
and the names of all the witnesses
| together with all other information
which he may have,
Sec, 10. All actions under the pro
visions of this act shall be commenc-
ed in the name of the state of New
Mexico on the relation of the attor-
uey general of the state or on the re-
lation of the district attorney
Sec. H. The attorney general and
the district attorneys OF the several
districts of the state of New Mexico
/ shall have the power and they are
hereby authorized and directed when
ever complaint has been made the
| names of the witnesses furnlsheq
| them or whenever they deem neces-
sary to issue subpoena for such wit
nesses SO furnished them. And for
such persons as they shall have rea-
sons to believe have any knowledge
1 of the truth of the complaint made to
appear before said attorney general
place to be designated in the sub
poena then and there to testify con
cernins the subject matter set out III
said complaint. Each witness shall
be sworn, true answers to make to
all questions propounded to him
touching the matter under investiga-
ton and the testimony of each wit
ness shall be reduced to writing and
be signed by the witness The attor'
! ney general, assistant attorney gen
eral and the district attorneys OF the
several districts of the state are here
by authorized and empowered to adj
minister the necessary oath and atiir-
nations to such witness. Any dis
obedience to such subpoena or re-
! fusal to answer any and proper ques-
tion propounded by the attorney gen
eral, assistant attorney general or
] district attorney at such inquiry shall
be misdemeanor and shall be pun
ished by fine of not more than $500
or by Imprisonment in the county jail
/ for not more than six months or by
both such fine and Imprisonment.
/ Sec 12 No person shall be ex-
cuscd from testifying before such at
/ torney general, assistant attorney
general, or district attorney at any
such investigation or in any investi
ing in any proceeding brought in any
court of competent jurisdiction under
the provisions of this act on the
ground that his testimony may incrim-
mate him but no person shall be pros
ecuted or punished on account of any
transaction, matter or thing concern
ing which he shall be compelled to
testify nor shall such testimony be
used against him for any crime, or
misdcmeanor under the laws of this
state
Sec. 13. In all appeals to the SUI
preme court, the supreme court may
receive further testimony and may
adopt any procedure not inconsistent
with this act which ii may deem nee
essary for full and final hearing and
determination of the cause and said
court on appeal shall either affirm
the judgment of the lower court or
enter such final Judgment as it deems
that Justice may require. On appeal
said cause shall stand for trial at the
first session after such appeal is per
fected aud filed and shall have prece-
dence over all civil and criminal
cases.
Sec. II. The attorney general shall