Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-04-17
WASHINGTON LETTER.
Special Examiner wiesand's Report in
the Axtell Case.
Folly, Weakness, Criminal Incapacit,
aud Personal Male,oleuce.
Special Correspondence OF the Gazette.

hhoue VI Jus''Ve, hus supihiiteu MS re- |
port in the Axtell inquisition. Mr..
Wiegand states that Axtell's judicial |
district comprises six counties in New |
Mexico, In each of which he holds two |
terms of his court each year, besides
sitting upon the supreme court bench |
as chief Justice. lie has gone eighty |
miles To Las Vegas TO hold special |
terms in chambers. 10 fulfill exac
lions of his Office his court should sit |
constantly through the year. I.itiga-
ton abounds, especially in Axtelts |
district, including all sorls of business
except admiralty cases. Many OF these
suits involve millions of dollars, and
most difficult questions must often
be decided. Rights Of property under
| Spanish and American laws and under
the treaty of Guadalupe-H idalgo pre-
sent intricate questions under the
laws of nations and the construction
of land grants made by Spain and
Mexico and the determination of
mining rights and civil law rights of
Inheritance and effect of usayes aud
customs of Mexico require abilities aud
learning of high order. Grazing
rights and those Of irrigation are often
most difficult of solution. Nowhere
are laws more confused and conflicting,
and nowhere ale judges of great learn
ing and ability so essential.
WHAT MANNER OF MAN Is HE?
| Axtell has been twice in congress
and was governor Of Utah and New
Mexico. He Is man of in
telligence, versed in general top
les, dignified and generally affable.
His best friends would not claim for
| i'm, tlxy gar oh
that of mediocrlty, n fact that may be
accounted for by ''unfoi tuitous circum-
stances of his early life and the
leDgth of time (tifteen years. he has
teen out of active practice. He has
not judicial mind, or legal learning,
, continues Mr.. Wiegand. or temper be-
coming his position. Sixty-four or
five years old, he will remain as
. he is. He is arbitrary, of iniiexiblc
will, rascible, OF warm sympathies
with one or the other side Of every
} case coming before him. Having
J practiced law under u code, he l.
4 doubly tyrannical and contemptuoui
of the strict common law practice IL
: New Mexico. His central idea as judg,
. is that lie must do justice as he, Axteil
7 conceives 1t, regardless of well recog
j. nized rules of pleading and evidence
He therefore lends ready ear to at
. torneys out of court and TO litigants
II listening to er pdrte statements in nd
vance OF trials. lie comes on the bencl
l. with his mind made up, and this
4 notorious among lawyers and people
q He is sometimes forced by new facts q
law developed to reverse his forme
- rulings, ca pd1te or otherwise, and
I therefore charged with corruption
a, When he fails TO decide as promised
IT, or changes his rulings, lie
suppos ed 10 have "seen the other ma
privately He rules his court with
= rod Of iron, showing little respect fc
~ attorneys. He deems himself Law
giver rather than law-eXpounder--i
= short second Moses sent TO New Me,
~ a, leo.
ILLUSTRATION OF HIS METHODS
I'D The act of June of Is, 1876, of tn
On general laws of New Mexico, "To pr
us vide for the election of county con
:. missioners,n declares that Tine sal
In boards, in addition 10 regular session
authorized by this act, shall hold
~ regular meeting after any regui
IN election, TO canvass the votes, b'
their session shall only last two days
is After the general election
nd November, 1852, the bosl
ita of commissioners of Santa
. county, acting as board of canvassei
W, canvassed the votes and gave eertl
cate of election to Luciano Baca
-. probate Judge and to the other coun
mo officers, including members of the ie
hs' islature. Some time afterwards WI
- III. Manderfield petitioned, AXteii
- chambers, stating that he had beeI
III OF aaf If.l
nee hate iudgeship and that said canva
ers lad refused to include in tn
os count four precincts, which won
on. have given Mandertield majority
the the election, and praying that The Gu
aSS yassers be required to recount I
d. votes. 4 hearing was h
- before AXtell in chambe
arSy when "a lawyer argu
on TINT In the absence of Il territorial Ii
ned to the contrary, the writ should be
turnable to u term of court, ana COZ
AW not he discussed at chambers. 1
rritorial statute provided a spec
- method of determining contested el
) al AL tions which should be followed.
fell declared that the court knew
- duty and silenced the lawyer. WI
ID the lawyer defined the confusion y
- disastrous results of an order ny
court issuing second ceitiilcate
---->r election. Axfell ordered the lawyel
ron, ait down. His conduct In this cas-
nnty described as arbitrary, insulting
!. In. don,jnaerinp. Axtell ordered
commits sioners to issue second GER
cate 10 Manderfield and to all OIL
annearing on Mandertield's basis
,.To right' This included members OF
Con. legislature, though these did not
meet near before Axtell, and other pers
,m,nni though these had never appeared
fore Axtell. In obedience TO this
. cree Of Axtell, the county board
oanyassers issued certificates OF
VAS. ton to Thomas b. Catron as u,
. de. her OF the territorial couhcli W
the they had already, on the day n PIX.
'mpie law. issued similar certilcaie
Henry l.. Warren. These TWO
Ellis, dieting certificates begot u CONNER
,tel o. the legislature which could not
o ou 10 ari.en hut for the conduct oil AK
ent Of The law provides for such contests
r. Axtell had not ihterpo
,yAs. Tho law would have taken It's co
In an. and no question could have arisei
public florence TO the organization OF
d a npe. eonnciI. AS 1t Is the council Is diV
With Ito Two separate and distinct bo'
Iepart in neb Claiming to be the legal or
.iso n ~ t,a,ion and an angry ana eAe
spress. ta,i;'. feeling peryades the terri,
.rs. ashown by aiiidayits OF IL. a.
e.o'- - mer and other papers.
.RY A, sr. PETER AND A CANYON OF Wa
'eais Il Iudpe Axteli, the special exam
nished .;,i,,, bureau Of justice continue