Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1894-05-01

f" Diamond L. g. G. Co; Alex Cam.
" eron q 20, all dismissed at plain
tiGs' cost.
First Nat. Bank Of New York Va I'm.
dauer, nssumpsit; continued.
Birmingham We Gillett, appeal; YER
dict for defendant, plaintiff TO pay costs,
appealed.
Rafael Aguilar, Domingo Medrano,
Pedro Montoyo, Tomas ArOcha and
Francisco ArascO, citizens Of the repub-
lie OF Mexico, admitted TO citizenship
Hlckox W. Rose, certiorari; dismissed
by consent.
Cornell We Velarde, appeal; new trial.
Eulogio BustOs, a citizen OF the repub
lie Of Mexico, admitted TO citizenship.
The following caustio aud appropriate
remarks were delivered by Judge Fall
to r. II. Thielman 10 the Deming man
damus case last Saturdays
Question by the Courts Mr.. Thiel-
man, is this $4,000 which the Court
directed TO be appOrtioned by you,
included in the $4,000 referred TO in
the papers2 A. No sir
The Court l refuse to hear any argu-
MAHAlA III Nilln INa0 lOL Nul6 IHhHUIs ana Il
am speaking directly to him.
Another matter IN reference to the
appUrtionment OF $T3A.OO was brought
before me informally 10 save any costs in
the matter by yourself and the County
Treasurer; l took the matter VI la
Chambers after working here in Court
all day, took the matter up for the pur-
pose OF settling II, and 10 the settlement
- NNaa ZTul M 4 nnFwrn,aI .sA. ~. a.. 49,.
matter as distinctly as it was possible
for me TO do IN the use OF the English
language, thai IL was not your duty to
say what was right or what was wrong,
what WIS equitable or what was Just, but
1t was your duty TO apportion the school
funds OF this county as they appeared
upon the bucks OF the County Treasurer
of this County ia conformity with the
statutory provisions OF the school law;
that YOU had no right TO say whether a
school district had gotten more than its
proportion; whether II had had less than
It's proportion; that you we're not to
a~rrogate to yourself judicial functions,
that you were not "A legislative body;you
are simply IA ministerial officer whose du-
~ it is TO administer the law exactly as
you find il aud IN strict accordance with
the statutory provisions.
You have the statutes here; you have
TO do with nothing more and nothing
less; you made u mistake yourself
through the advice, as l understand il
Of the Solicitor General; you placed
$4,000 in the Deming School District.
that has been used You now seek to
rectify that mistake, constituting your.
self a judicial body, by refusing to appor,
ffun q, NlonnHnn hnr nrpnnrfN ION nN fha
school money as shown by the books OF
the County Treasurer of this county.
Now Mr.. Thielman, you have given the
Court a good deal of trouble in the past
and l believe you have been acting
con~scienclously in the matter and have
been actuated by what you believed to
be just and equitable. II l did moi
you would be in Jail for contempt
Of Court, but I believe you have
been guided by what you believed to be
justice. With that you have nothing tc
do; you have to administer the law az
you find il. The County Supt. of Public
Schools is rs the Sheriff, as any other
officer, without any quasl-iudlcial funct-
ions. You have nothing to do with the
functions OF the court; you have simply
to find out how much money there IS in
the hands of the County Treasurer and
apportion that money. You cannot &C
back and rectIfy any mistake which you
have made; you cannot say that in jus
tIce one school district has had more
money than il was entitled to; that il
not your duty; that is for the Court tc
say.
The Legislature says how the law
be carried out aud the Court carries out
that law, except the ministerial functions
Of an officer. You are a county officer
you are responsible under your bond fol
| your mistakes, and you cannot seek tC
excuse yourself nor your bOndsmen by
r~ectifying these mistakes through the
exercise, by an arrogatiOu, of judicia
functions which you do not possess
| Now this matter was very fully gone intC
the matter Of the S7s4 90 which yoI
still insisted was in the hands OF tn,
| County Treasurer Of this County and sc
should go to certain school dlstrlcti
of the county after you had apportioneC
the money yourself.
1t ls none of your business whether
Mr.. Berg makes q mistake 10 paying 10
money, and il is non of your business b,
far as the r~ectihcation OF the matter n
concerned. When you have made
mistake you cannot rectlfy il; that mus
be done IN some other way; il is no
your duty. l don't want to hear any
thing about this matter. PeremptOr.
writ will 90, aud you will apporuon this
money, and do 1t immediately and appoT
ton the amount due to DemIng. II sh,
has injured any other school districts IL
this County then they have their re
course, and not before you as a judicia
tribunal but before the court of thi
district.
Let the peremptory writ go in thi
case. / don't want any argument on
way or another.
Mr.. Thielman. Can I say a word?
The Court. No sir you can slmpl.
obey orders.
Mr.. Thielman. 1 simply wish TO cor
rect a mistake.
The Court. There is no mistake, sir
II l did o give you credit for believing
that you had been doing what was a
least equitable and just / would punisI
you for contempt Of this court. HoI
cannot come before the court ever II
chambers IN a matter Of this kind an,
receive the orders Of he court and abid
by them in one Instance and yiOlat
them next morning.
Let the peremptory writ issue. Judg
ment for costs will go against Mr.. ThieI
man individually.