El Nuevo mexicano., 1916-10-05

Smudge on the name OF New MEXICO
placed there by the Republican ring
SCOT with whitewash.
The Council Journal, page 283, year
1908 shows that: House Bill No. loo,
entitled AN Act establishing the law
and procedure In certain cases" was
taken up and read the first time IN
full. Mr.. Hawkins, of Otero county,
moved that the rules be suspended
and that House Bill NO. 1866 be read
the second time by title under sus-
pension Of the rules, which motion be-
ing duly seconded was put to a vote
and carried, and the said bill was
thereupon read the second time by
title under suspension of the rules
Mr.. Hawkins moved that the rules be
further suspended and thht House
Bill No. 1855 be read the third time Dy
title preparatory to its passage,
which motion being duly seconded
was put to a vote and carried, n
said bin was therefore read the thlrd
time by title under suspension OF the
rules, preparatory to its passage. MT.
Malaquias Mortinez, Of Taos county,
moved that House Bill NO. 1866 do now
pass, which motion being duly sec
onded. and House Bill No. 1876 being
placed upon its passage, the vote re-
suited as follows: Ayes: Albright,
Chaves, Duncan, Fall, Hawkins, lara,
milo, Martinez. Pinard, MIR. President
-10. Nayes: Spiess--l. Absent:
Andrews, by leave. Bill declared
passed.
The Council Journal, page 34S, year
1903 shows:
A message from the house of rep
resentatiyes was announced as fol-
lows: Mr.. President: / have been
instructed by the honorable house Of
representatives to inform this hon
orable body that House Bill No. 155,
entitled can Act establishing the law
and procedure in certain cases." here
tofore passed, has been returned to
the house wherein it originated, with
out the approval Of the executive;
that the same was taken up for con-
s~ideration Immediately; that the vote
by which it passed that body was
reconsidered that the bill was there
upon read the third time and placed
upon its passage, the objections OF
the executive thereto to the contrary
notwithstanding, and having received
more than a twothird vote Of said
body as required, was t%hereupon de-
clared duly passed, the objections OF
Of the governor thereto to the con
trary Notwithstanding. / have been
instructed further to hand to you
herewith the message Of the governor
regarding said bill and to respectfully
ask that this honorable body take like
action. Which message was received
as follows:
March II, 1908.
To the Speaker and Members Of
the House Of representatives,
of the 35th Legislative Assem-
bly, Of New Mexico:
Gentlemen: return herewith
to your body, being the house in
which It originated, House Bill
No. 1866 entitled IAN Act estab-
fishing the law and procedure in
certain cases" without my APP
prevail.
NV objections to this bill are
that II makes an entirely new
and untrled innovation upon our
practice, one which has never
been tried in any other jurisdic-
tion, and can see no possible ID
vantage to be gained by its pas
sage here as an experiment It
makes a radical innovation on
LEGAL practice and procedure
everywhere in not allowing the
niaintiff the right to select the
court In which he ~litlgates. HE
rs COMPELLED TO GO INTO
A COURT SELECTED BY HIS
ADVERSARY, WHERE HE is
BOUND WITHOUT ANY RIGHT
OF APPEAL FROM ANY JUDO
MENT THAT MAY BE REM
DERED AGAINST HIM.
Under the provisions of this
act there is . practical injune-
ton against the plaintiff bringing
a suit In the jurisdiction which
he selects and a mandamus conn
polling him to bring htq action In
the Jurisdiction desired BY the
defendant.
There IS no need IN TINS lSrIi-
tory for such an act, for there Is
no right that cannot be enforced
and no wrong that may not be
redressed under U present
laws; and this act is very drastic
and its constitutionallty very
doubtful 1t attempts to eNer4
else our writ of mandamus In
other jurisdictions to not only
compel the commencement Of ac-
lions here, but also to compel the
courts Of such jurisdictions not
to take jurisdiction In certain in
stances, as we'll as to prohibit
the doing Of something that is al
ready accomplished.
This act would create great
criticism Of our people, and
believe Is not for the best inter-
ests Of the territory, and after
very careful consideration ! have
deemed that ! cannot give II my
official approval.
Very respectfully,
MIGUEL A. oTERo,
Governor Of New Mexico.
- 49,. ~0rv.fWr