Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-10-24
that OFFICIAL BOND.
Tho Sheriff and Collector Ordered t
File q New One by Nov. 3 for
the Sum of $l36,95O.S6,
4 Political Harangae for Struggling
CaRtidats-Grays Charges and
How They are Treated.

Before Judge Seeds in cha mberS this
forenoon the application OF Messrs.
Yrisarri and Kirchner to be released as
eureties on the official bond of Francisco
Chavez, sheriff, and collector was heard,
and upon the showing made by Gen
Bartlett, attorney for the petitioners, the
court ordered that new bond be furn-
ished, after the approval and filing OF
which Messrs. Yrisarri and Kirchner are
to be released from the present bond.
The order directs that this new bond
shall be in double the amount OF the tax
roll for 1890, and shall be filed not later
than November 3. AS the law fixes the
bond for sheriff at not less than $4,000
and for collector at double the amount OF
the tax roll, the least bond the sheriff and
collector can give, therefore, will amount
to 1886, $50 IS.
The answer which was filed on behalf
Of the sheriff and collector to the petition
is very extraordinary document, and is
printed in full by the New MEXICAN be-
cause of its unique character, and because
also it indicates how lightly the sheriff
and his friends are inclined to treat a
subject OF the gravest public concern to
every tax payer in this community.
Here are two citizens, sureties on this
officers bond for large amounts, who file
legal document charging that Fran
cisco Chaves has failed and neglected to
comply with the conditions OF said bond
and to pay over all moneys that have
come into his hands by virtue of his said
office, and has failed to render accounts
to the board of county commissioners of
said county and the auditor OF said terri
tory as is required by law and also that
the said bond is in many respects defec-
tive and insecure.
The petition to be released from the
( bond is made in due form of law the al
| legations therein contained are OF very
serious character, rejecting upon the adj
nlinistration OF the most important office
IN the county, and here is the 'answer. J"
1t answers none OF the charges set forth
in the petition it attempts no defense OF
the notorious management OF the sheriff
and collectors Office, and is nothing more
nor less than a political harangue. Read
it:
District court, Santa Fe couDty.-1n the
application OF Epgenio Yrisarri and Au'
gust krrChner.
To Il e Hon Edward ?. Seeds, Associate Justice
If the supreme IOurt OF the territory of NJ W
NJ, XiCO and Ju geof the lst Judicial District
Court thereof:
Now comes Francisco Chavez, sheriff OF
the county of Santa Fe, and for answer
to the petition of Eugenio Yrisarri and
August hirchner, wherein they ask to be
released from his official bond, and an
swering states unto your honor that he
admits that the said Yrisarri and kirch-
ner are now upon his official bond for the
sum OF $4,000 each and that the said
bond is substantially conditioned as set
forth in the said petition; he denies
most empha,ically that he has failed
or neglected to comply with
the condition of the said bond in the
respects alleged in the said petition or in
! any other respects whatsoever but states
/ the fact to be that he has fully lived up
| to all its requirements and the require
ments CT his said office.
Rephant further denies that the other
sureties upon the said bond have not
sufficient real estate and other property
to pay The amounts for which they are
respectively liable or that any OF them
are VIGOROUSLY or otherwise bankrupt.
| He admits that one of the slgners OF the
ead bond is dead, but he knew of NJ
duty devolving upon him by law to keep
him alive, and he knows of no law which
has killed his property in the hands Of
bis heirs and administrators.
Repiant states further that in truth
and fact the several signers Of ssid bond
are now lust as reliable and solvent as on
the day When petitioners signed his said
bond, and, of his own personal knowl-
edge, none of them have had nearly as
many executions served on their property
as have had petitioners.
Repliant states the truth Of this appli-
cation to be that, since the signing of the
SAID bond, the petitioners have beheld a
change in the political complexion OF the
national government and have suffered
corresponding change in their personal
politics, without, however, rellnqulshing
the offices and emoluments to whlch they
we're elected by the voters of their former
faith; that, instigated by their new po-
lltical guides, they have made this appli-
cation more for its possible effect upon
repliant in the coming election than from
any anticipated liability on his official
bond.
While denying any gounds upon which
they might seek relapse from the SAID
bond, replrant requests your Honor to
grant the prayer of their petition and re-
lease them from the said bond as he
wishes no unwilling bondsmen when he
can secure so many willing ones.
FRANCISCO CHAVEZ.
By Gro. CUYLER PRESTON, his Atty.