Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-09-30
DISTRICT COURT.
Important Notes Regarding New
Opera House.
Judge Crumpacker Desires Certain
Matters Sifted.
II There Is Corruption He VANS to Know
All the Facts.
OTHER ITEMS OF INTEREST.

Some days since, The CITIZEN publish
ed In full copy OF an order made by the
Judge OF the district court In the case OF
whitney Company vs.. Frank p. Mcclure.
ct sl., commonly known ~ the opera
house case, by which the court declined
TO act further ~ judge Ia said cause.
said order being as follows:
Whitney Co. vs.. Frank z. Mcclure et
al. known as the opera house case. the
court made the following orders:
at coming TO the information OF the
Judge OF this court that since this cause
was brought. an officer OF the court has
become interested in the property In
volved herein, both a. attorney and
otherwise. and that the ability OF the
Judge OF this court TO fairly and i'm
partially hear and determine this cause
touching said property has been ques-
toned, the Judge OF this court declines
To further proseed with said cause, and
IL IL therefore ordered that the same
stand for further hearing before some
other associate justice OF the supreme
court OF the territory OF New Mexico,
when he can be present to hear the
same"
The following proceedings OF record In
/
actuating the court in making the above
order.
On September ~. there WAS presented
to the court the following
"The court should set on foot q public
Investigation OF certain scandalOua
charges. affecting the integrity OF the
Judge. to the end that the person or per
sons responsible therefore shall be
adequately punished.
| Report has been more or less publicly
circulated that your honor's decision In
q certain case was the subject Of barter
and trade. brought about by undue In.
tiuences, and that money was paid by
iitigant to other persons to secure that
decision.
I'VE wish to assure your honor that no
man who signs this paper for one mo
ment believes that you have knowledge
Of any such transaction. II II ever took
place, but at the same time We cannot
refrain from saying that IL Ia our belief
that the impre, lion Ia generally preya
lent among the thinking people OF Albu
QuerQue that the charge IL we'll founded,
aud we also believe that this impression
IL doing your honor enormous injury and
threatening utterly TO destroy your use
fulness as judge.
I'VE therefore request that your honor
| shall select one or more members OF the
bar In whom you have conf 'ence and re-
quire them forthwith to proceed 10 form
nlate charges OF contempt OF court. Ia
such manner AZ will present this matter
for public judicial investigation.
I'VE are prepared to lay before you
facts. which In our opinion not only
justify bu; demand such action.
Va m haf nm
| IL suficic ntly thorough, should re- ult In
the greatest good TO this community.
I'VE respectfully submit that the fore
going matter should receive your hon0r's
careful and deliberate consideration.
NELL Il. FIELD.
A. X. MCMlLLEN,
X. V. CHAvEs.
KARL A. SNYDER,
Il. ". DoBSoN,
o. n. MARION,
W. g. HEACoCK,
s. BURKHART.
Acting upon the foregoing, the court
imme diately appointed ~ a committee
OF the bar 10 investigate the matters set
out above, the United States attorney.
Hon. William B. Childers. Hon. Frank
". Clancy and Il. V. Chsves, EsQ.
On to-day the committee 10 appointed
by the court d led the following informa-
tion.
Territory OF New Mexico.
County OF Bernalillo.
In the district court for said county,
at the September term, 1899. Now comes
W. b. Childers, II. V. Chavez ami II. ".
Clancy. members OF the bar OF this court,
acting In this matter at the request. and
under the direction Of the court, and
give the court here TO under tand, and be
Informed that one. Giuseppe Bsdsracco.
commonly known as Joe Badsrscco, at
the county aforesaid. at divers times and
places, and to divers persons. before the
trial by this court OF a certain cause
wherein he was plaintiff, and one Pietro
Badaracc0 and others were defendants,
and numbered 5262 on the docket Of this
court, which trial was held on the fourth
and seventh days OF August. 1899, stated
In substance that he had made such ar
rangemeDts that by the payment,
or promise OF payment, Of money
TO an officer OF this court,
he was certain OF obtaining q judgment
In said cause In his favor; and that after
the trial OF said cause, at other times and
places, and to divers persons, at the
county aforesaid, the said Giuseppe Bad
aracco, declared In substance and effect
that he had succeeded In obtaining the
judgment OF the court In said cause In
his favor az result OF the corrupt ar
rangement aforesaid.
Wherefore, the said informsnts said
that the said Giuseppe BadaraccO has been
guilty OF a conte@pt OF this court, and
pray the court TO make an order reQuir-
ing him TO appear before this court, at q
time therein TO be fixed. then and there
10 show cause why he should not be pun.
ished for contempt, and that thereafter
such proceedings shall be had as the dig
nifty Of this court, and due regard for
the rights OF said Giuseppe Badsracco,
may require.
W. B. CHILDERs,
X. V. CHAVEZ,
Attached to the information Is the fol,
lowing affidavit.
Territory OF New Mexico, I
County OF Bernalillo. !
Il. W. DobsOn. being lrst duly sworn,
says that he was one OF the attorneys for
the defendants In case numbered 5262,
entitled Joseph Badaracco Va. PetTO
Badaracco 1t al, that from persons other
than atlantis clients, before the trial Of
said cause, siliant was informed that the
plaintiff asserted that he had made ar.
rangements that would secure him de-
cisiOn In his favor In said cause, that
such arrangements were by the
promise OF payment OF money TO
other person or persons whose in
fluence would secure a Judgment In his
favor, and also after the trial OF said
cause he made similar statements. AN
ant further states that he Is informed
and believes that such statements and
report, have 20 quite an extent been
publicly circulated IN the community,
and by reason thereof, alilant as a mem