Las Vegas optic., 1914-01-02

prosecutions under the unlawful en-
closures act.
Cattlemen, asserting that this law
worked a hardship upon them, intend
ed to petition the attorney general for
temporary relief until Governor w. g.
Mcdonald and committee of New
Mexico cattle raisers we're able to
present their case to the interior de-
partment and to congress.
The period of non-enforcement of
the act, according to Mr. McReynolds'
telegram to Mr.. Burkhart, will extend
until Governor Mcdonald and the COM
mittee are able to consult the federal
authorities.
The telegram follows:
u. s. Attorney Summers BurKhaft,
Albuquerque, N. M.
your letter concerning unlawful
enclosures received. Suspend enforce
ment of DEGREES and other proceed
ings so far as practicable until gov
ernor and party reach Washington for
consultation on the general situation.
"McREYNOLDs."
The message, as it indicates, was
in answer to letter from District
Attorney Burkhart. He told the at
torney general that the enforcement
of the act in winter was oppressive to
catlemen, especially in view of the
fact that the government practically
had acquiesced for years in the viola
tion of it. He had no discretion un-
der the law, he wrote, but would be
glad to suspend proceedings until an
opportunity was given the men inter
ested for full hearing by the de-
partment and congress, and especially
until next spring when the removal OF
the fences would not cause so much
loss as 1t would at present.
New Rule Of Court
The following rule promulgated by
the state supreme court, to go into ef.
feet at once, is of interest to the
members of the bar and litigants:
RULE XXvI-TRANSCRIPTs
Section 1. Hereafter in all cases
brought into this court by appeal or
writ of error, the clerk of the district
court, in making up the transcript,
shall, after setting out in full the title
Of the case and the names Of the par
ties thereto, once, omit the title,
heading and the verffication of all
papers filed in any such case. and in
lieu Of such verification shall state
where the paper is verified, that it
was verified in the usual form on such
a date by such person, unless the
praecipe for such transcript shall dis
tinctly direct the clerk to che con-
trary.
Section 2. It shall not be necessary
in any case in printing the transcript
for use by the court, to print the
matters which by section Of this
rule the clerk of the district court is
authorized to omit in making up the
transcript, even if such matters may
have been incorporated in the trans
cript by the clerk Of the district court
Notwithstanding this rule; provided,
however, that any appellant or plain
tiff in error may cause chose parts OF
the transcript so authorized to be
omitted to be copied therein if in the
opinion Of such party the same is nee
essary to a proper understanding Of
any point involved in the case, and
provided further, that IL any clerk of
the district court shall, after the
adoption of this rule, insert in such
transcript any matter authorized TO
be omitted by section 1 hereof, such
clerk shall not be allowed to charge
any compensation for so doing, and
If any such matter is embraced in the
printed transcript, when in the opin-
ion of the court the same was un-
necessary to the proper consideration,
of any point involved in the case, the
court may in its discretion direct that
the costs Of printing such unnecessary
matter shall not be taxed against the
party.