The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-01-22
MONTOYA LIBEL law
REWRITTEN AND
INTRODUCED
Measure Goes Into Both
Houses After Having Been
Passed Upon as to Construc-
ton by Attorney Generals
Office

Santa Re. n. NJ. Jan. 2a.-The
Montoya Libel law. proposed by Mr..
Montoya % Bernailllo county. az tho
instance ~ the State Editorial nsnoci-
alton. defining libel and providing for
H. punishment. as well a. esiablish-
Ing the criminal court procedure.
went into both houses Of the assembly
Wednesday afternoon. The original
bil brought here by Air. Montoya has
been severely criticized BY lawyers
and others and contained some pro-
visions inc some phraAeclogy not
considered satisfactory and certainly
not clear. n has been made strongly
evident that the majority OF the
papers Of the state DO not want pro-
t%ection. but merely a square deal. To
this end Mr.. Montoya sought a review
Of the bin By the attorney generals
Office and the result II a rewritten
measure. shorter than the first dran
and stronger in every way.
In The senate the bill was introduce
ed by senator Pankey Of Santa re,
who first had his personal attorneys
pass on II.
The bill. as finally introduced. fol-
lows;
BE Il enacted BY the legislature Of
the state OF New Mexico;
sec. l.. A libel Ia a malicious de-
famation. expressed either by writ
lng, printing. or by signs Dr pictures
or the like, tending TO blacken the
memory Of one who IN dead. or 10 Inn
peach the honesty. integrity. virtue or
reputation, or publish the natural or
alleged defects OF n who IL alive.
and thereby to expose him 10 public
hatred. contempt or ridicnle.
sec. 2. Every person who viii
fully. and with a malicious intent TO
| iniure smother. publishes or p~rocuren
to be published. any libel, Il punish
able by fine not exceeding $4,000 or
imprisonment not exceeding SIX
months.
sec. o. An injurinus publication
il presumed 10 be malicious II no JUS
tifable motive for making il y
shown.
sec. 4. In all criminal %prosccu-
tions for libel. the truth may be given
In evidence 90 the jury, and II Il APP
pears to the jury that the matter
charged as libeious n true, and was
published with Good motives and for
5ustifiable ends. the party shall be ac-
quilted.
sec. 5. Each author. editor and
proprietor OF any hook. newspaper
or serial publication n Responsible
for the publication Of any words con-
tanned In any part OF such book or
number % such newspaper or serial
"see. 6. No reporter. editor or
proprietor OF any newspaper II liable
10 any prosecution for q fair = ~
report OF any judicial. Legislative or
other public official proceedings. or
of any statement. speech, argument
or debate in the course OF the same
iIfbelous remarks or comments con-
nected with matter privileged by the
foregoing receive no privilege by re"-
son Of their being 80 connected.
'sSec. Z. A communication mads
in good faith upon any subject W
which the party communicating has
an interest or In reference To wnicH
he has. or honestly believes ne mas
a duty. TO n person having a CORE
~sponding interest or duty. " a priv
lncged communication and - not pre-
,sumed to be malicious and the u
den Of proving the existence 81 mai
fec Is east upon the prosecution.
sec. &. In all cases Of rimih
libel under the provisions OF this ao'
the venue shall be: III IN cases
where the newspaper or other publ
cation il printed In this state, In ths
county whore such newspaper y,
other publication Is actually printed
or In which It's ofhee Is leeateai -
In the case OF newspapers or othet
publications printed and publishes
outside OF this state, In any COUNT
IN which the same was sold or c'reu'
lated.
see. Q. Chapter II Of the Session
Laws Of 1883. entitled An act TO ae.
fine the onense OF libel ana hN'n,
the punishment, thereof" y all ny,
land parts OF acts IN conflct he'e"i''
are hereby repealed