Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-07-08
THB TERRITORIAL IRHAsuRHRsHIp.
Writ Of Mandamus Issued Commanding
EldoJt 10 Give lin Inc Offlce

hldodt 10 Give Up the Office
j. II. Vaughn. cashier Of the First Ma
tionsl bank, recently appointed terri
torial treasurer. this morning called upon
Treasurer Samuel Eldodt and presented q
commission, at the same time asking
Mr.. Eldodt to turn the office over to him,
says the New Mexican. This MIR. Eldodt
declined to do. and legal steps have been
taken TO ecure the position for the new
appointee.
Upon application OF Solicitor. General
X. l.. Bartlett, Judge John Il. McFie to.
day issued an alternative writ OF man
damus against MIR. Kldodt to turn over
the insignia and properties of the office
to j. IA. Vaughn. The writ Is returna.
BILE Tuesday morning. July IL, at 10
o'clock.
The affidavit upon which the applics.
ton was based Is addressed to Judge Nc
File in the usual form, and Ia signed and
sworn to by MIR. Vaughn. The language
Is ~ follows:
"The undersigned, J. II. Vaughn, here.
by gives the court To be Informed and to
understand that on the 23d day OF June,
A. ID. 1893. he vas duly appointed aud
commissioned by the governor OF the Ter
ritory Of New Mexico IA treasurer OF said
territory. Hisoriginal commission being
exhibited . here to the court, and a
true copy thereof filed herewith; and that
afterwards the Undersigned took and filed
the oath Of office prescribed by law, and
also gave his bond ~ required by law.
which bond wa approved by the governor
OF the Territory OF New Mexico and filed
with the secretary OF the territory, IA re
quired by law. on the 2Sth day OF June,
1899; whereby he fully and duly qualified
himself IA such treasurer.
That On the 9Th day OF July, 1899, the
undersigned presented himself ut the
office OF the treasurer OF New Mexico,
In the city OF Santa fe and demanded
Of the person there In charge. one sam
uel Eldodt. that he deliver and turn
over to the undersigned the books, pa.
pers. money. seal. safes, bonds and
other insignia and paraphernalia of the
said office. to the undersigned ~ the
treasurer OF said territory. 10 do which
the said Samuel EldOdt then and there
declined and refused to turn over the
same or any part thereof; but retains
the exclusive possession OF In his cus.
tOdy and control all the property and
eff scts belonging TO said office OF treas
urer OF the territory Of New Mexico.
and unlawfully and wrongfully refuses
u deliver the same or any part thereof
10 the undersigned, the lawfully com.
misslOned and qualified treasurer Of
said territory, whereby the undersigned
" unable to discharge his official duties
~ treasurer in any respect. aud that he
X without any plain, speedy and AIDE
quate remedy In the ordinary course OF
law and that the public business IN en-
bsrrsssed and hindered by the said I'M
lawful neglect and refusal OF the said
samuel kldOdt 10 turn over and surren-
der the said insignia and psraphernalia
pertaining Ia the Office OF treasurer OF
New Mexico.
Nv therefore,, Your informant prays
that the writ Of mandamus may issue by
| your honor under the seal of the court,
directed TO the said Samuel Eldodt.
commanding him that he forthwith i'm.
medistely after the receipt OF the writ
surrender and turn over TO thu under
signed ~ treasurer OF the territory OF
New Mexico all of the insignia and para
phernslia pertaining to the said office"
The next step In the proceedings will
probably be the appearance OF Mr.. III
dOdt and HIS attorneys on the II b inst
before Judge McFie to make u showing
IA to why the writ should be set aside
IL the writ be sustained. an appeal may
be taken to the supreme court.