CHAPTER 59. H. B. AN ACT PROVIDING FOR THE REGISTRATION AND USE OF EM- CONTENTS. Sec. I. Sec. 2. Section 1633, Compiled Laws of 1897, regarding the adoption of emblems by political parties. Amended. 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 adopt ing 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 hereinbefore 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 auority of such party from having printed upon such ticket or ballot, names of candidates selected by them to fill 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 ment, and to pay a fine of not more than five hundred dollars ($500.00), one-half of which shall go to the person giving the information against the accused which leads to his conviction, and the other one-half shall go into the court fund of the county in which such person is tried. These penalties shall not apply to or effect any person voting such ballots, but only those guilty of preparing, printing, distributing and curculating the same, as provided in section 2 of this act, and all ballots must be counted and canvassed for the persons or questions voted upon therein. It being the true intent and meaning of this act, that the political party adopting an emblem or device for such party by its territorial committee shall have the exclusive right to use and enjoy the same in every election throughout the territory in which said party shall par ticipate as such, and vote for officers or upon questions to be determined by ballot. Sec. 4. 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 approval by the governor. CHAPTER 60. AN ACT EMPOWERING CITIES TO PROVIDE FOR THE COLLECTION OF GARBAGE. C B. No. 83; Approved March 14, 1903. Sec. I. Sec. 2. Sec. 3. Sec. 4 CONTENTS. City councils may pass ordinances regulating collection of garbage. Rules and regulations. City council to enforce. Fees to be paid by householders for colection of garbage. Be it enaced by the Legislative Assembly of the Territory of New Mexico: Section I. That whenever in the opinion of the city council of any city in the Territory of New Mexico the enforcing of a general system of garbage colection is necessary for the sanitary welfare of said city, said city council shall have power by ordinance to require every householder of said city to provide and maintain suitable receptacles, and to deposit therein all garbage and waste matter of every sort, and by ordinance to provide the kind, size and material of said receptacles. Sec. 2. The mayor of said city shall appoint some suitable person as garbage collector of said city and the city council. of said city shall prescribe his duties and salary. Sec. 3. Said city council shall make and enforce all necessary rules and regulations for requiring the depositing of such waste or refuse matter in such receptacles and for the maintenance thereof, and from and after the passage of an ordinance prescribing such rules and regulations it shall be unlawful for any person to throw, leave or deposit any such waste or refuse matter in any place other than in such receptacles. Sec. 4. Said garbage collector shall have authority to receive and collect from every householder of such city a sum to be fixed by such city council not to exceed ten (10) cents per week, which when so collected shall be paid by him into the treasury of said city to the credit of a special fund to be called the garbage fund, and such garbage collector shall receive his salary from such fund and no other. Sec. 5. This act shall be in full force and effect from and after its passage. CHAPTER 61. AN ACT ENTITLED AN ACT PROVIDING FOR ADDITIONAL MEMBERS OF THE BOARD OF EQUALIZATION. C. B. No. 91; Approved March 14, 1903: CONTENTS. Sec. I. Board of ecualization. Additional members. Sec. 2. Appointment. Appropriation for expenses and board of equalization. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. Hereafter the board of equalization shall be composed of seven members, and in addition to the members now authorized by law the governor shall appoint, with the advice and consent of the council, two persons, who shall be tax payers of the territory, and serve as members at large of said board of equalization. Sec. 2. That there is hereby appropriated the sum of one thousand dollars ($1,000.00) for the expenses of the board of equalization each year in lieu of the annual appropriation of seven hundred and fifty dollars ($750.00) heretofore made. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed; and this act shall take effect and be in force from and after its passage. CHAPTER 62. AN ACT TO AMEND SECTION 2921 OF THE COMPILED LAWS OF 1897, RELATING TO LIMITATIONS OF ACTIONS. C. B. No. 81; Approved March 14, 1903. CONTENTS. Sec. 1. Section 2921. Compiled Laws of 1897, regarding limitiation of action as to non-residents. Amended. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That section 2921 of the Compiled Laws of 1897 be and the same is hereby amended to read as follows: "Sec. 2921. If, at any time after the incurring of an indebtedness or liability or the accrual of a cause of action against him or the entry of jurgment against him in this territory, a debtor shall have been or shall be absent from or out of the territory or concealed within the territory, the time during which he may have been or may be out of or absent from the territory or may have concealed or may conceal himself within the territory shall not be included in computing any of the periods of limitation above provided." Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage. CHAPTER 63. AN ACT TO PROHIBT THE DESECRATION OF THE AMERICAN FLAG. C. B. No. 41; Approved March 14, 1903. CONTENTS. Sec. 1. Flag. Offering insult to or use of for advertising purposes, prohibited. Penalty. Sec. 2. Use of imprint of flag for advertising or commercial purposes, prohibited. Proviso. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section I. The use of the American flag in this territory is prohibited for any other than the purposes for which it was designed by the congress of the United States, and as an emblem of our common country, to be used and displayed only in a seemly and decorous manner in public or private places. And any person who shall by word or act offer any insult to the stars or strippes, or who shall use the same for |