State v. Elder
New Mexico Supreme Court
Appeal from District Court, Curry County; Granville A. Eiehardson, Presiding Judge. Court erred in holding that Chap. 13, L. 1905, was ineffectual to revive Libel Law of 1889. Chap. 13, L. 1905; Smith v. Eaton, 18 N. M. 513; 3 N M. 557. Law of 1889 not void because it embraces within its provisions, more than one subject. Sec. 16, Art. 4 of Const.
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Appeal from District Court, Curry County; Granville A. Eiehardson, Presiding Judge. Court erred in holding that Chap. 13, L. 1905, was ineffectual to revive Libel Law of 1889. Chap. 13, L. 1905; Smith v. Eaton, 18 N. M. 513; 3 N M. 557. Law of 1889 not void because it embraces within its provisions, more than one subject. Sec. 16, Art. 4 of Const. Court erred in holding that revived Act of 1889 was unconstitutional because in conflict with Sec. 17 of Art. 2, Secs. 14, 15, 18, 19, 21, 22, Libel Law 1889. Error in holding that indictment does not allege that circulation of publication was made.…
1Opinion of the Court
OPINION.
EAYNOLDS, District Judge
1 (after stating the facts as above). The appellee contends that the provisions of the Constitution, both in regard to the ■ substance of the laws passed prior to the adoption of the Constitution in 1912, and the mode and manner of passing the laws and their form, apply -to all laws of New Mexico, whether passed prior or subsequent to the adoption of the Constitution. We cannot agree with the appellee in this contention. Prior to the adoption of our -Constitution, there was nothing in the the Organic Act or in the laws of Congress relating to the territory of…
2Cases cited7 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- People v. Central Pacific RailroadCalifornia Supreme Court · 1872
- Ex parte BurkeCalifornia Supreme Court · 1881
- State v. BarbeeIndiana Supreme Court · 1852
- State v. BradySupreme Court of Kansas · 1890
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3Cited by7 opinions
- State v. HinesNew Mexico Supreme Court · 1967
- Farr v. BramblettCalifornia Court of Appeal · 1955
- State v. PowellNew Mexico Court of Appeals · 1992
- Gallegos v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1923
- Crane v. StateCourt of Criminal Appeals of Oklahoma · 1917
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