The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-09-11
COURT FINDS LAW
OF 1893 ON LIBEL
IN FULL EFFECT
Nothing in the Constitution
Which Blocks Full Revival
Of Notorious Statute, Re-
vived Under Blind Title.

santa re. y. NJ. Sept. lin an
interesting decision In the case OF the
state versus Roy Elder. under an in
dictment for criminal libel from curry
county, growing out Of publications In
Elwood's 81. Nrain Journal. the SUI
preme court yesterday showed the
law OF 1883 on liocl TO be Ia full
force and effect and la no wise ham
pered in its operation by provisions
OF the state constitution The courts
decision was "a reversal OF the decis-
ion OF the lower court which had sus-
iained demgrrers to all counts Of M
indictment.
The supreme court nnds nothing
retroactive In the provision OF the
constitution prohibiting a blind or
misleading title % a Legislative act.
The notorious libel law OF 1889 was
revived by the legislature under a
blind" title, which merely brought
the old statute. which had been re-
pealed back into effect under It's
statute number. The court decision
follows:
Demurrers containing eighteen
grounds were hlod To each OF the Ia
dictments. The trial court In sus-
tanning them did not state the ground
or grounds upon which they we're up
held. The demurrers being sustain
cd, The state appealed to this court.
Judgment OF the court below. re-
yorsed. case rcmanded with instruc-
tons To proceed In accordance with
opinion OF this court.
syllabus by the Court.
/. There is nothing IN the organic
act OF the territory Of New Mexico.
not In the laws Of congress relating to
said territory prior to it's admission to
statehood in 1912. prohibiting the re-
yival of a law which had been re-
pcaied by reference to les title in the
reviving act. not the revlving OF an
act which had been repealed by re-
original act.
?. Article 4 OF section Is OF the
constitution of the state OF New Mex
co, providing that mo Law shall be
revised or amended, or the provisions
hereof extended by reference to It's
title only. but each section thereof as
revised, amended or extended shall be
set out In fun has no retroactive. ef-
feet and does not apply 10 nor make
invalid or unconstitutional acts OF
laws passed prior to the admission
Of New Mexico as a state. which
prior act or law does not comply with
said section of the constitution.
3. Article 4. section rs OF the con-
stitutlon Of the state OF New Mexico
providing The subject OF every bill
shall be clearly expressed in Us title,
n no oil embracing more than one
subject shall be passed. e." has
no retroactive eject and does not app
ply TO nor make Invalid or unconstl-
tutional acts OF laws passed prior 10
the admission of New Mexico as a
state, which act or Law 80 passed
prior 10 the admission does not COM
ply with the requirements Of said sec
ton OF the constitution.
Constitution In Conflict.
&. Article ?, section IL OF the con-
stitutlon OF New Mexico providiag
that the truth may be given In evil
dence TO the jury as a defense in all
criminal libel suits. Is In conflict with
section 20 OF chapter II OF the laws
Of 1855, and repeats the latter law
insofar as the laws of 1855 limits the
pleading and Swing In evidence OF
the truth az a defense Ia criminal libel
suits.
3. Where an Indictment for libel
alleges that the defendant did publish
certain libelous matter, this allegation
Is sufficient, on demurrer TO the in
dictment. as the word publish pri-
marlly. means 10 make known. and Il
need not, therefore. be alleged In the
indictment that the libel was clrcu-
lated nor that 4 was read or seen by
a third person.
g.. Charging a person In a news
paper with being IAN unprincipled
son aud one whom all sclf-respcctiag
persons can out despise,'' and. again.
charging him with being "a moral
coward" and IAN imbecilc" and zone
who has about al much regard forNthe
truth as an inhdel has for the Bible"
Is llbelOus under subdivisions 2 aud
3 OF sectioa Z OF the laws OF New
Mexico OF 1889.
2. The statutory definition 81 libel
governs. where there il a statute on
the subject. and Il Is immaterial
whether the words allegcd 20 be- IL
beious are Hbeious per a. or not
3. An indictment In libel Il sum-
Client on demurrer II Il sets forth the
parts Of the publication aileged to be
libelous; the whole publication need