of the penitentiary would not only serve to provide said inmates with much needed healthful occupation that could in nowise conflict with the just rights of free labor, but would identify New Mexico with the "Good Roads" movement now so popular throughout neighboring states of the west, initiate a settled policy for dealing with the prison labor problem, so long a mooted question in this territory, and stand as an example which may in time be extended to other parts of the territory, and, Whereas, Such public road or highway would pass through the United States Pecos river reservation, one of the most beautiful mountain park regions in the world, and render accessible to the people of Santa Fe, San Miguel and Mora counties for the purposes of trade and healthful recreation a section of country now isolated and but little known yet rich in historic associations and resourceful in deposits of gold and copper ores, recently proved veins of merchantable coal, and attractive in its picturesque ranch homes, therefore, Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. There is hereby established a public wagon road from the city limits of Santa Fe, in the County of Santa Fe, to the city limits of Las Vegas, County of San Miguel, which said road shall be constructed over the most feasible route through or near the canon of the Santa Fe river from the court house in the City of Santa Fe, County of Santa Fe, Territory of New Mexico, over the mountain range at the most practicable place to the east of said city and from thence on the route which may be most practicable, as well as most direct, to the court house in Las Vegas, in the County of San Miguel in the Territory of New Mexico. Sec. 2. The board of penitentiary commissioners and the superintendent of said penitentiary are hereby authorized and required to construct said road by the use of the labor of the penitentiary convicts and the sum of five thousand dollars ($5,000.00) is hereby appropriated out of any funds in the territorial treasury not otherwise appropriated, payable on the order of the superintendent of the penitentiary from time to time as necessity requires upon warrants drawn through the office of the auditor, for the purpose of employing the necessary extra guards, and the purchase of tools, implements, blasting material, etc., necessary in the prosecution of such work. The said penitentiary commissioners are hereby empowered to adopt a special rule, applicable solely to the convicts employed on the work herein authorized and required, whereby such convicts so employed may be granted an additional "good time" allowance conditioned upon their good behavior and cheerful compliance with any and all rules that may be promulgated for the management and control of the convicts so employed. Said work shall commence within sixty days from the approval of this law and prosecuted as speedily as possible consistent with the due and proper management of said penitentiary and other labor required to be done by the convicts therein. Sec. 3. The Counties of Santa Fe and San Miguel shall employ and pay a competent civil engineer to survey said route, and he shall act under the direction of the superintendent of the penitentiary, select and locate the same, and the superintendent of the penitentiary, shall in person or through his authorized agent, direct the manner and method of carrying on and prosecution of the construction of said public highway: Provided, that until the time said road shall be duly surveyed and located it shall not be required that the said penitentiary authorities shall do anything towards the construction of such road. Sec. 5. This act shall be in full force and effect from and after its passage. CHAPTER 57. AN ACT PROHIBITING TERRITORIAL OR COUNTY OFFICERS FROM BECOMING SURETIES FOR OTHERS. H. B. No. 124; Approved March 14, 1903. CONTENTS. Sec. 1. Unlawful for territorial or county officers to become surety. Sec. 2. Violation. Penalty. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That hereafter it shall be unlawful for any territorial or county officer who is required by law to give official bonds to sign any bond or become surety for any other person or persons during the term for which he is required to give official bonds for himself. Sec. 2. Any violation of the provisions of this act shall constitute a misdemeanor in office, and shall subject the offender to summary removal therefrom. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force thirty days after its passage. CHAPTER 58. AN ACT WITH REFERENCE TO PUBLIC HIGHWAYS IN THE TERRITORY OF NEW MEXICO. H. B. No. 147; Approved March 14, 1903. CONTENTS. Sec. 1. All post roads declared to be public roads. Sec. 2. Obstructing public roads. Penalty. Sides of public roads may be fenced. Proviso. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Whereas the Congress of the United Sates has declared all post roads and roads over which mails of the United States are carried to be public roads, it is therefore likewise declared by this act that all such roads as above described are and shall continue to be public roads and open to the people of this territory. Sec. 2. It shall hereafter be unlawful for any person or persons to in any manner obstruct any public road in this territory, by putting therein or thereon any obstruction whatsoever, and all persons convicted of a violation of this act shall upon conviction before any court of competent jurisdiction be fined in any sum not to exceed fifty dollars ($50.00) or be imprisoned in the county jail for a period not to exceed thirty days, and pay all the costs of prosecution, or both such fine and imprisonment at the discretion of the court trying the cause. Sec. 3. Where any public road in this territory passes over the public lands it shall be lawful for the board of county commissioners to permit the sides of such road to be fenced whenever a majority of the legal voters of the precinct through which said public road passes so desire: Provided, however, that said fencing shall not be at the expense of the county in which the road is located. All acts and parts of acts in conflict with this act are hereby repealed and this act shall be in force and take effect from and after its passage. CHAPTER 59. AN ACT PROVIDING FOR THE REGISTRATION AND USE OF EMBLEMS OR DEVICES UPON BALLOTS FOR VOTERS. H. B. No. 44; Approved March 14, 1903. CONTENTS. Sec. 1. Section 1633, Compiled Laws of 1897, regarding the adoption of emblems by political parties, Amended. Sec. 2. Description of ballot. Unlawful for any other political party to use same emblem. Proviso. Sec. 3. Penalty for violation of provisions of section 2. Distribution of fines collected. To whom penalties shall apply. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That section 1633 of the Compiled Laws of the Territory of New Mexico, is hereby amended so as to read as follows: "That hereafter it shall be lawful for the territorial central committee of any organized political party in New Mexico, to select and adopt an emblem or device of such party, to be used only by it, upon all ballots at any election held in this territory, at which said party so adopting the same, shall have candidates for office, or shall espouse or oppose any particular measure or question to be voted upon; when adopted by such committee an imprint and description of said emblem or device shall be certified to by the chairman and secretary of such territorial central committee as the official emblem and device adopted by it, and the same with said certificate shall be sent within ten days of such adoption, to the secretary of the territory, who shall file the same in his office with his certificate of the day and time of its filing, and it shall be the duty of the secretary of the territory within ten days from its receipt by him to send a certified copy thereof to the probate clerk of each county in the territory, and the said probate clerk shall thereupon file the same in his office, making a minute thereon of the date and time the same was received, which said emblem or device shall be open for the inspection of all persons during business hours and such emblem or device shall not be changed within two years from the time of its adoption and shall remain and be known as the emblem or device of the party so adopting it, until the same shall be formally changed by such party, in the same manner as it was originally adopted. The secretary of the territory shall be entitled to a filing fee of one dollar ($1.00), and to a like amount for each certified copy sent out, to be paid by the person applying to file the same, and the probate clerk of each county shall be entitled to a fee of one dollar ($1.00) for filing the same, to be paid by the party applying to file the same." Sec. 2. It shall be the duty of the persons providing the ballots for the use of the voters of the political party which may have adopted and filed the emblem or device as provided for in section 1, of this act, to cause the same to be printed at the head of the ballot to be used at any election for officers or upon any question to be submitted to the people at any election which may be lawfully called. The name of the party which has adopted the same being printed in large black letters immediately above such emblem or device in either the English or Spanish language, and immediately under such emblem or device shall be printed in black letters the names of the candidates for the several offices to be voted for at such election, as they have been nominated by such party, and the question to be voted upon either in favor of or against the same as may have been determined by the local members of the party which shall have selected such emblem or device either in convention or otherwise to the satisfaction of such party, and it shall be unlawful for any other political party, person or persons to adopt or use any such emblem or device upon ballots or to cause or permit the same to be placed or printed on any ticket or ballot to be voted at any election, or to issue, distribute, or circulate, or cause to be issued, printed, or circulated any ticket or ballot having thereon such emblem or device with any name printed thereon, other than the name or names of the candidate or candidates and the question to be voted on or determined except the name, or names of the candidate or candidates, nominated or selected by the political party who shall have adopted such emblem or device in the manner herein before provided: Provided, that nothing in this section shall be construed to prevent or prohibit any voter from erasing or changing by paster, or in any other manner, any name on any such ticket or ballot, voted by such person, nor to prevent any executive committee or other proper authority of such party from having printed upon such ticket or ballot, names of candidates selected by them to fill any vacancy in said ticket caused by the death, withdrawal, removal, or other disability of any candidate of such party. Sec. 3. Any person or persons violating any of the provisions of section 2 of this act shall be guilty of a felony and shall be tried upon indictment by the district court, and upon conviction shall be punished by imprisonment in the territorial penitentiary, for not less than one year, nor more than five years, and in addition shall forfeit any office which he may hold under the territorial, county, city or town govern |