Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-02
SOLICITOR GENERALSHIP.
Mr. Crist Wants a QUO Uarranto Proceed
inE-MT. TwitChell Makes Answer.

Mr., Crist Wants a quo Uarranto Proceed
ing-MT. TwitChell Makes Answer.
The solicitor generalslup matter is un-
der argument before Judge Whiteman in
chambers to-day. On April 10 Gov. Ross
appointee to this office, j. II. Crist, filed a
petition in the ID district, Judge Brinker
presiding, asking for rule on II. F..
Twitchell, district attorney commissioned
by the legislative senate, to show cause
why an information in the nature of Il
quo warranto should not be filed against
him, Twitchell. The petition alleged that
Crist was the duly appointed and COM
missioned solicitor general of New Mexi
co, and that TWitchell was attempting to
exercise and was performing the duties OF
that office, A few days later Judge
Brinker granted the rule prayed for as
against Twitchell, and made it returnable
at Santa Fe before Judge Whiteman on
May l. Mr.. Twitchell accordingly yes
terday appeared before Judge Whiteman
and made the following return:
The Territory OF New Mexico, ex rel
Jacob II. Crist, VS.. Ralph L. Twitchell.
In the District Court, LIST Judicial District.
Now comes the said Ralph +. Twitchell
in obedience to the rule OF this court
heretofore issued in the above entitled
cause, said rule having been made upon
the petition of said Jacob II. Crist, and
for cause why an information in the ma
ture OF a quo warranto should not be filled
against him in this court, shows to the
court here the following, to-wit;
THAT, upon the assumption that
said petition is true, it fails to show any
necessity for proceeding in the nature
of a quo warranto to establish the rights
of said relator.
2.-That the act OF the legislative as
sembly of the territory of New Mexico,
referred to in said petition, does not in
terfere with or restrict or regulate the ap-
pointing power vested in the governor of
New Mexico by the congress of the
United States.
3.-That the effect of said act of the
legislative assembly, taken as q whole, is
not to create the office of solicitor general
in PRESENT., but to declare that such an
office shall come into existence at future
date, which time has not vet arrived.
4.-That said relator has not been, and
could not legally be appointed or commits
stoned solicitor general for the territory of
New Mexico, because the legislative as
sembly, i'll the act herenbefore referred
to, has specifically declared that that
office shall not be filled until future dav
which has not yet arrived.
5. That said petition is not entitled as
being in this court.
s. That said petitioner is not q person
learned in the law within the meaning OF
the said act OF the legislative assembly.
7. That said petitioner is not lawfully
member OF the bar OF the supreme,
or of any district court in this territory,
although an order was made, as this re-
spondent is informed and believes, on the
LIST or ID day of April, 1889, by the dis
trlCt court for Valencia county, admitting
said petitioner to practice as an attorney
and counselor Of said last mentioned
court; but said order was made in dis
regard OF the positive rule of the supreme
court of this territory that an applicant
for such admission must prove to the
court that he is a resident OF the district
in which he applies, the fact being that
said petitioner was not then, nor has he
ever been resident of the district in
which he so applied,
8, That said petitioner is not mem
Der OF the bar OF this court.
., That said petition fails to show that
the petitioner is possessed of the qualii-
cations required by law OF the solicitor
general. RALPH E. TwITCHELL,
Respondent.
Thus the matter is now before the court
in this district. The arguments began at
10 O'Clock this morning. n. B. Laughlin
appears for Crist and consumed most OF
the forenoon in addressing the court.
Mr.. Twitchell's attorneys are Catron,
Knaebel and Clancy Mr., Knaebel is
this afternoon engaged in presenting his
argument. At O'Clock the case was sub
mitted and Judge Whteman took thunder
Amusement till Saturday morning.