Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-07-06
The TERRITORIAL TREASURERSHIP,
Writ of Mandamus Issued to Hon. Samuel
Eldodt Commanding Him to Give
TN the Office,


Up the Office.
j.. H. Vaughn, cashier OF the First Ma
tional Bank, recently appointed terri
torial treasurer, this morning called up
on Treasurer Samuel Eldodt and pre-
scented a commission, at the same time
asking that Mr.. Eldodt turn the office
over to him. This Mr.. Eldodt declined
to do, and legal steps have been taken
to secure the position for the new ap-
pointee.
E. L. Bartlett, Judge John r. McFie to-
day issued an alternative writ of man.
damus against Mr.. Eldodt to turn over
the insignia and properties of the office
to j. H. Vaughn. The writ is returnable
Tuesday morning, July II, at 10 o'clock.
The affidavit upon which the applica-
ton was based is addressed to Judge
McFie in the usual form, and is signed
and sworn to by Mr.. Vaughn. The lam
guage is as follows:
THE undersigned, j.. H. Vaughn,
hereby gives the court to be informed
and to understand that on the 23d day
of June, A. D. 1899, he was duly appoint
ed and commissioned by the governor
of the Territory of New Mexico as
treasurer of said territory. His original
commission being exhibited now here to
the court, and a true copy thereof filed
herewith; and that afterwards the I'M
dersigned took and filed the oath of Of
flee prescribed by law, and also gave
his pond as required by law, which bond
was approved by the governor of the
Territory of New Mexico and filed with
the secretary Of the territory, as re
quired by law, IN the 2Sth day of June,
1899; whereby he fully and duly quail
! fled himself as such treasurer.
THAT on the 9Th day of July, 1899, the
undersigned presented himself at 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, moneys, seal, safes, bonds and 9TH
err insignia and paraphernalia Of the
said office, to the undersigned as the
treasurer of said territory, to do which
the said Samuel Eldodt her and there
declined and refused to turn over the
same or any part thereof; but retains
the exclusive possession of in his GUS
tody and control all the property and
effects belonging to said Office Of treas
urer Of the Territory of New Mexico
and unlawfully and wrongfully refuses
to deliver the same or IN part Thereon
to the undersigned, the lawfully com
missioned and qualified treasurer Of
said territory, whereby the undersigned
is unable to discharge his official duties
as treasurer in any respect, and tina
he is without any plain, speedy anc
adequate remedy in the ordinary course
of law; and that the public business il
embarrassed and hindered by the sale
unlawful neglect and refusal of the sale
Samuel Eldodt to turn over and sur.
render the said insignia and parapher.
MALTA pertaining to the office of treas.
urer of New Mexico;
Wherefore, your informant prays tina:
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
mediately after the receipt of the wri
surrender and turn over to the under
signed as treasurer of the Territory o
New Mexico all of the insignia and par
a%phernalia pertaining to the said office.
The next step in the proceedings will
probably be the appearance of Mr.. Ell
dodt and his attorneys on the 18th inst
before Judge McFie to make a showing
as to why the writ should be set aside
If the writ be sustained, an appeal ma,
be taken to the supreme court.