El Nuevo mexicano., 1918-07-04

~ooAhot uDel dlC cAlOACcu mci
or "respectability and integrity" will
hesitate to become candidates, espe
cially where holding the office en-
tails financial loss" was declared By
District Judge d. J.. Leahy OF Las We
gas In sentencing to the p~enitentiary
FOR libel Jerome Clevenger, William
G. Ogle and Charles N. Higgins. These
men were convicted by a San Miguel
county jury of libeling b. 0. Blood
now mayor of Las Vegas, while Mr.
Blood was running on the Republican
ticket for that office, While the New
Mexican published the news of then
conviction, the courts remarks, an
OFFICIAL copy Of which has just been
secured are of sufficient interest to
merit fuller publicity, especially in
connection with his utterances more
recently regarding the libel law and
New Mexico newspapers. Space lin
It's VIII not permit the publication OF
the fuH transcript Of the proceedings
IN sentencing the men, but the most
interesting extracts follow. Motions
for new trials we're filed by attorneys
for defendants, Elmer q. Veeder and
George H.. Hunker, but were overruled
and appeal wal granted to the state
supreme court. In sentencing Mr..
lOgle, the court said:
tlne Court "In determining the
punishment to be inflicted, courts
should consider the effect the COM
mission OF such offense has ON society,
rather than the effect it has or may
have on the individual wronged. In
this case, as in every case of this
kind, a great wrong was done Mr..
Blood, but the court must forget that
entirely. In determining the punish
ment to be inflicted this may be done
by comparing the offeRse with other
crimes together with the resulting con-
sequences to society. For instance,
the man who steals n head of neat
cattle-a yearling, does not steal a
thing of great value; but such an Of
tense aims a blow at the cattle in
dustry which is one Of the important
Industries in this part of the country
and the man who commits the ~offense,
when convicted. pbyer receives a sen
'tepce under our statutes of less than
one year in The ;penitentiary and a fine
of five hundred dollars. Now, which
of the two commits the graver Of
'ferse? The cattle thief who steals a
yearling, or the character assassin who
would destroy the character Of a fol-
low being, by writing and circulating
false and scandalous statements. not
only destroying the character Of the fell
low being, but humiliating his family?
And which is the greater menac to
society? These questions / deem
worthy of careful consideration. The
man who steals the yearling steals
something that is easily replaced; the
entire transaction is oon forgotten;
but the man who robs another Of his
good name, fame, character and repu-
tation, destroys that which can never
be replaced. For no matter how much
a mar may be INDICATED by Judicial
decisions were he to seek civil remedy,
many persons there are who would
continue to shrug their shoulders and
say, "where there is so much smoke,
there must be som fire"
Right to Become Candidate.
"In our form OF government every
citizen has the right to become a can
didate for office; provided he pos
sesses the qualifications prescribed by
our constitution and laws. Our laws
guarantee him protection, and this
right the same as any other right
for instance, in TIE right to own and
hold property-its protection is given
the individual by mems civil remedies
and penal statutes. We have learned
from experience that a failure to en-
force a penal statute will result in its
being violated, will result in its being
disregarded and in the increase OF the
number of crimes Of that character. Al
failure to punish cattle stealing will
create more thieves Of that nature.
The same is true in other crimes. SO
in this case. If punishment common
surate with the o1fense is not inflict-
ed the natural consequence will be
that more libels will be published and
circulated to the lasting disgrace OF
the individual wronged and to the
humiliation of mis- family.
Must Protect Candidate.
IF a man is not protected in his
tight to become a candidate for office:
a man of responsibility; 4 ma OF In
a man VINO desires to save as
from humiliation, yid hes'ta.;
t. fcceme such a. candidate espee al
" where the holding of the office Ell
tails a financial loss to the oeeu2t;;
thereof In such cases, oasy those
il cR,rr in s~elf-respect and loyeof IAN
lily ard POSSIBLY questionable ah''i'yl
will occupy such offices. ] must say
that such a state Of affairs would De
a sad commentary on our form OF
government.
Taking this view of the situation,
which certainly must be the correct
view, the duty of the court seems
clear. If I keep inviolate my Official
oath which I have been required to
take, 1t appears to be my plain duty
to inflict a punishment proportionate
to the offense with which you nave
been convicted. / have looked IN yam
some mitigating cirhumstanee IN
connection with your action, put tne
undisputed evidence in your case IS
that you read the libelous letter IN
volved in this case in the Methodist
church to the persons there. assem-
bled to attend the morning services
on the morning Of March Slst, B pe-l
lieve. III ;