Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-01-28
THAT INJUNCTION MATTER.

Baca, of Guadalupe county, against Terri
torial Treasurer Palen and Auditor
Perez, came up for hearing this morn
ing before Judge Laughlin. Neither
Judge John R. McFie, who appears on
the docket as the attorney for Baca, nor
Solicitor General e. l.. Bartlett, who ap-
pears for the two officers, were present
when the case was called. Instead of
their personal presence, these two gentle
men had sent the following agreement:
snow come the above named parties,
Celso Baca by John X. McFie, his solicit
tor, and Demetrio Perez, auditor of public
accounts, and Rufus j. Palen, treasurer of
the territory of New Mexico, by Edward
L. Bartlett, solicitor general of said ter.
ritory, their solicitor, and agree to con-
sent that the above entitled cause may
be submitted to the court on the bill and
answer only, there being no questions of
fact involved therein which are not ad
mitted in said bill and answer"
Judge Henry l.. Warren stated that
while he was not attorney for either of
the parties to the suit he desired to be
heard in the capacity of "amicus curie."
Judge Laughlin said that he desired all
the light possible on the subject and
would be pleased to hear from the at
torneys present in the capacity named.
Mr.. Crist read the bill filed by Mr.. Baca
and also the answer submitted by General
Bartlett IN behalf of defendants. An
outline of the bill appeared in Saturdays
New MEXICAN. The answer admits the
formal allegations of the bill as to the
compliments residence in New Mexico,
the meeting of the legislature and the Off
cial stations of the territorial officers
sued. 1t also admits the passage of the
joint resolution set up in the petition,
and dlsclaims any knowledge of improper
enrolment or signing thereof. The an
swer further admits that the resolutions
appropriated more than is allowed by
congress; that there are sixty-two terri
torial employees; that the cost thereof
will be about $4,000, and that the
amount already paid out by the war
rants on this account last week was
$6,942. The officers finally set up the
fact that they are under bond; that they
are in serious dilemma as to their duty,
and they pray the protection of the court
so that neither they nor their bondsmen
would suffer.
Judge Warren, at the conclusion of the
reading of the petition, said that the mat
ter had taken turn very different from
what he mad expected in that the parties
to the case had both absented themselves
and thus rendered discussion OF the bill
on its merits unnecessary. He said that
the circumstances surrounding the filing
of the suit were such as to indicate very
serious lack of good faith and tended
very strongly to show that the bill was
filed for purposes other than equitable
relief. He thought the stipulation and
the answer confirmed this impression to
the utmost possible extent. He said that
the primary principle of equity is that
all parties materially interested must he
made parties. He said that Messrs. Pa
len and Perez were interested only as
ministerial officers, while those who were
financially and materially interested, the
employees affected, we're not made parties
to the suit. The real object of the bill
is to show that the positions held by these
employees were illegally created and
therefore they should have An opportuni-
to to be heard. Judge Warren cited a
number of text books to show that, the
proper parties not having been
made, the suit should be dis.
missed. He said that the ale
cations as to irregularity in the pas
sage of the resolutions were simply make
weights to divert attention, as also we're
q number of other allegations which no
attorney of the ability of those interested
would in good faith have embodied in a
bill. Judge Warren, while disclaiming
any attention to discuss the merits of the
bill, us he considered it unnecessary
called attention TO the acts of congress
under which it is proposed to enjoin en-
ployment by the territory. He showed
that while this law prohibits the EN-.
ployment of attaches, over and above
six in each house payable by the United
States government, it is absolutely silent
as to the employment of such persons
payable by the territory. He argued
that the statute was intended simply to
protect the United States against having
to pay more than the number named and
that the territory still had the rights Of
legislation allowed her under the organic
act. Judge Laughlin at the conclusion
of the hearing stated that he would take
the matter under consideration and
would announce his decision after re-
viewing the authorities cited.
OBSERVATION-DISCLOSURES LARRAGo1TE
Hon. Mariana Larragoite is the only
member of the present council that has
the good fortune to claim Santa Fe as
his birth place. He was born here in
1s47, and after receiving a comm on
school education began his career in
politics with his election to the leglsla.
ture of this territory at the age of 10
He resigned his seat on account of OBJ
lection on the ground of youth, and in
1869 went to Colorado where he en-.
gagged in the study of law, accompanied
by the more peaceful pursuits of the
farm. He did not long remain in pri.
vate life, for, ia 1872, he was sent by his
fellow citizens to Las Animas county to
represent them in the Colorado legisla-
ture, followed by his reelection in 1874
In October, 1876 he had the special honor
of being elected his oounty's representa-
tive in the first legislature in the state OF
Colorado, defeating his opponent by a
majority of about 400 in vote of 1900
Mr.. Lsrragoite returned to New Mexico
in 1880, vhen he embarked in mercan.
tile pursuits at Ojo Caliente. In 1890 he
removed to Rio Arriba county, where he
now resides with his family, his wife hav-
ing been Miss Pabla Lopez of this city.
Upon settling in Rio Arriba county, he
was elected school superintendent for
two successive terms, followed by his
elevation to the council last fall as repre-
sentative of his large and prosper
GUS district. Mr.. Larragoite is one of