1

It would like to know if the Act for the Protection of the Industries of the Indians of New Mexico approved 18 March 1909 is still law or if not under what circumstances it was repealed.

It shall be unlawful to sell or offer for sale within the Territory of New Mexico any imitation Indian blanket, unless manufactured in New Mexico and, unless the said imitation blanket shall have a label attached thereto on which shall be printed in letters not less than one and one-half inches square the words “Imitation Indian Blanket” stating which tribe it is designed to imitate. This label must be at all times maintained upon any imitation Indian blanket which is to be sold or offered for sale within the Territory. It shall also be unlawful to sell or offer for sale any imitation Indian baskets or pottery under representations that the imitations were manufactured by Indians, unless they should be manufactured by Indians. Any person violating this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollar for each offense, or by imprisonment in the county jail for not less than thirty days nor more than ninety days.

The law still appears in New Mexico Statutes, 1953 Annotated, but I don't have any information after that.

2

The legislative history is obscure to me, but there is such a law which is the functional descendant of the old territorial law, enacted in 1973 (with later revisions), namely NM Stat § 30-33 subsection 1:

It is unlawful to barter, trade, sell or offer for sale or trade any article represented as produced by an Indian unless the article is produced, designed or created by the labor or workmanship of an Indian.

"Indian" is defined, but would include any Indian tribe (as long as it has state or federal recognition).

  • thanks, the 1953 code says the OP law was 40-21-23 and your link says "History: ... 1953 Comp., 40-21-24", so I think you're right – DavePhD Jul 27 '18 at 16:42

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