Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-04-04
AN IRON-CLAD ORDER.
Another Chapter in the Fight Over
the Funding of Certain
Securities.
The County Commissioners Must Refund
or Suffer Contempt Of
Court

It's cold day when new complication
tails TO arise in the matter involving the
county commissionership and the re-
funding Of the county railroad securities
which underlies that muddle.
". s. Nelson, agent for ". n. Coler,
the holder OF these securities, his attorneys,
j. II. knaebel, esq, and Hon. n. b.
Laughlin, returned to the city on this
mornings train. Mr.. Laughlin went to
Las Vegas to represent Commissioner
Green's interests before the court should
o casion require it, and incidentally to
note the
ACTION OF THE COURT
when the return VAS made setting forth
why the county board had failed to com.
ply with the writ OF mandamus directing
the funding Of these bonds and interest
coupons. The court had ordered that
such return I've made at Las Vegas ut 10
O'Clock yesterday morning. Upon arriv-
ing there it VAS found that Judge Long
vas holding court at Mora. Mr.. Nelson
knew this, and had telegraphed ahead
and had a conveyance awaiting the arrival
Of himself and Mr.. knaebel AS soon
us they had had breakfast at Las Vegas
they took this conveyance and proceeded
over land to Mora, leaving Mr.. Laughlin
at Las Vegas. 1--WE expected Mr.. Laugh
lin to come on to Mora, i" said Mr.. Nelson,
land waited till the afternoon before We
brought the matter before Judge Long,
but he failed to come"
ANOTHER ORDER.
At Mora the matter was again laid be-
fore Judge Long Yesterday afternoon, and
resulted in the issuance of the following
order:
In the District Court for the First Judicial
District OF the Territory of New Mexico.
The Territory OF New Mexico ex rel Viii
liam n, Coler vs.. The Board Of County
Commissioners Of the County Of Santa
Fee.
Proceedings had in the foregoing cause
before Elisha '. Long, chief justice of the
supreme court, territory Of New Mexico,
at chambers in the county OF Mora, said
chief justice acting for and in the place of
the associate justice OF the supreme court
presiding in the lst judicial district, afore-
said, said associate justice being now abb
sent from said district.
Upon proceedings heretofore had in
the foregoing cause and OF record therein.
it being now further shown by the atfi-
davit OF John II, knaebel filed herein
that two members of the said board OF
county commissioners of said county of
Santa Fee, to-wit: Teodoro Martinez and
Richard Green, were notified OF the fact
that the writ OF mandamus as prayed for
had issued, and it further appearing that
said Green and said Martinez disrpgarded
the command of said writ and set the
same at naught, it is now ordered that
the clerk of the LIST district court at Santa
Fe do forthwith issue and certify two
copies Of said writ and deliver the same to
the sheriff OF the county of Santa Fe, and
that said sheriff deliver said copies forth
with to said Teodoro Martinez and to
Richard Green respectively, and it ia
further ordered that he also issue and Ger.
tify two copies Of this order, which shall
in like manner by said sheriff he deliver
ed to said parties respectively; it il
further ordered that the said board OF
county commissioners for said county OF
Santa Fe do assemble at their place OF
business in the county OF Santa Fe, on
Saturday, the 9th day Of April, A. D. 1889,
at l0o'clock in the forenoon, and then and
there obey the command of said writ OF
mandamus heretofore issued, or that fail
ing 80 to do, they the said Martinez and
said Green, and each of them, appear at
the city of Las Vegas, county OF San Mi
guel, at the chambers OF the chief justice,
at the court house, on the 18th day of
April, A. D. 1889, and show cause, if any
they have, why they and each of them
should not be punished for contempt for
their evasion OF the command OF said writ
and their failure to perform the command
OF the same.
ELISHA V. LoNa, Chief Justice.
Dated this Sd day Of April, A. y. 1883.
TERRITORY OF New MExico,t
County of Santa Fe.
I, Summers Burkhart, clerk OF lat Judi
cial district court OF said territory, hereby
certify that the foregoing is a full, true
and Perfect copy OF an order filed In my
office and entered OF record on the 4th
day Of April, 1889, in certain cause now
pending in said court, wherein The Terri
tory of New Mexico ex rel William n.
Coler is plaintiff and The Board Of County
Commissioners OF the County Of Santa Fe
Il defendant.
Witness my hand and the seal OF said
court this 4th day Of April, A. d. 1889.
Copies OF the above were filed in the
clerks office to-day; separate copy
was served upon Mr.. Martinez and the
sheriff dispatched to Cerrillos to serve
Mr. Green with copy.
STILL NO QUORUM.
The county board was called to order as
usual by the chairman, Or. Sloan, at 10
O'Clock this morning, and the clerk read
the minutes, which were approved by the
chairman s signature, but still there was
no quorum. Mr.. Martinez remains sick
abed and Mr.. Green is still resigned
not to have anything to do with the fund
ing business if Judge Long will permit.
Clerk Garcia this morning received
letter from W. B. Childers, attorney at
Albuquerque for Commissioner Martinez,
returning Mr.. Martinez official bond
second time
WITHOUT JUDGE BRIEKER's APPROVAL.
The judge refused to approve the bond,
explains the letter, because it contains the
came defects as the bond formerly pre-.
scented to him. Mr.. Childers writes:
"What Judge Brinker requires is that