Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-11-14
FRESH COMPLICATIONS.
The Law and the Order Under Which
the County Board Acted
Yesterday.
A Writ of Prohibition Issued Out of the
Supreme Court Served in the
Shrievalty Matter.

Section 1851 and 29l6 of the Compiled
Laws of New Mexico provide that:
Son or before the 10th day of each
month the collector shall pay to the
county treasurer all moneys due the
county for taxes and licenses, or other
wise collected by him for county or school
purposes, remaining in his hands on the
first day of that month, and to the terrific
rial treasurer all moneys due the territory
on any accout in his hands on the first
day of the month. Triplicate receipts
shall be given by the respective
treasurers for each of such payments,
one of which receipts the collector shall
retain for his protection, and one he shall
file with the clerk, and one with the terri
torial auditor. Credit shall be given the
collector for the amount shown by such
receipts to have been paid. y Il
whenever any county collector shall
fail to pay into the county or territorial
treasury any moneys in his hands due the
county or territory, respectively, at the
time prescribed by law, and such default
continue for thirty days after the time SO
prescribed, he shall in addition to other
penalties forfeit his Office and be deemed
a public defaulter; and the county COM
missioners Immediately upon the receipt
of a certificate of such default under the
hand and seal of the clerk or territorial
auditor shall declare such Office vacant
and such officer shall not again be eligible
to the Office"
YESTERDAYS HEARING.
Acting under the law as above set forth
the county board of commissioners yes
terday considered the case of Sheriff
Cunningham. The latter was represent.
ed by his attorney, Judge Warren, and G
A. Specs acted as counsel for the board
An attempt was made on the part of thu
defense to offset the charges against the
sh eriff by statement of facts, showing
hat the public funds had been paid owe
as required by above sections, and thel
the defense entered into what prom
Used to be long drawn GU
technical argument, calling atten
ton to the fact that Judge Coz
lier at Albuquerque had directed tn
issuance OF writ of prohibition by tn
clerk of the supreme court directing tn
county board to make no order in tn
premises until the meeting of the su
preme court in July next.
Chairman Kendall inquired if such
writ had been issued by the clerk of tn
supreme court and received reply in tn
negative, whereupon the board cut shor
the proceedings by issuing the following
OFFICIAL ORDER:
SIT appearing to the board of count
comm ssioners, that William P. Cunning
ham, the sheriff and ex-officio collector O
taxes and licenses for the county of SAINT
Fe, has failed to pay into the count
treasury various sums of money in hi
hands due the county of Santa Fe at tn
time prescribed by law, and also, to tn
!: treasurer of the city of Santa Fe, variou
sums of money in his hands due the cit
of Santa Fe and also, to the territoria
treasury various sums of money in hi
hands due the territory of New Mexico, a
the time prescribed by law, and such de
faults having continued for thirty day
after the time SO prescribed, and tn
county commissioners having received
on the 26th day of October, 1893, Gel
, under the hand and seal of the territorif
auditor, and also certificate of such de
fault to the county of Santa Fe, unde
the hand and seal of the clerk of tn
board of county commissioners, and ais
certificate of such default to the cit
of Santa Fe, under the hand and seal c
i, the treasurer of the city of Santa T,
and due notice thereof having been serve
= on said William P. Cunningham and b
having been required to show cause o
this thirteenth day of November, A. I
e 1898, why said Office should not be decla
t ed forfeited ano vacant, and said Willial
d p. Cunningham having appeared persona
ly and by attorney in response to sai
= notice, and having failed to show an
good or sufficient cause why said offit
should not be declared forfeited an
II vacant, and said board finding that sal
sheriff and ex of1icio collector aforesa
b is in default as aforesaid, after receivir
T. and considering evidence thereon:
SIT is ordered and declared that sa
Office of sheriff and ex-officio collector
said county of Santa Fe be and the san
K hereby is declared to be forfeited
l. said William P. Cunningham and to
+ vacant; and Harry Kinsell is hereby a
q pointed as Sheriff and ex-officio collect
It of said county of Santa Fe, to I'LL So
vacancy"
- This was duly signed by the three mer
bers of the county board, attested by Il
clerk and the board adjourned.
:. Mr.. Kinsell is engaged in getting up b
"a official bond to-day and it will probab
y. be presented to Judge Seeds for his a
- proval this afternoon or tomorrow, aft
which, in case of its approval, form
= demand will be made upon Mr.. Cunnin
ham to transfer the Office.
The attorneys for the latter contel
that the law under which the coun
. board acted has, by implication, been I
pealed by later statute.
WRIT OF PROHIBITION.
r. When Secretary Miller returned fro
II Albuq uerque this forenoon he broug
a with him Judge Golfers commission al
: oath of office and placed it on file in
y office. Shortly afterward certified col
of these documents was procured
: Judge Warren and presented to Mr.. II.
Clancy, clerk of the supreme court al
after the same we're placed on record, N
Clancy issued the writ of prohibitio