Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-07-14
'MANDAMUS HEARING
The Case of ], H, Vaughn VS.. Som
uel Eldodt Argued Before
Judge McEie.
IMPORTANT RULINGS MADE
Judge McFie Refuses to Question the Pow
er of the Governor to Issue a Commits
sion to Vaughn and Holds This Is
Not Now a Case for a Jury.

Yesterday afternoon Hon. T. B. Cat
and Judge N. B. Laughlin made
for Territorial Treasurer Sam
uel Eldodt to the writ of mandamus
served directing him to turn the books
and paraphernalia and insignia of the
office over to j. H. Vaughn, appointed
by Governor Otero as treasurer. The
makes a number of points, in
Guiding a denial that Vaughn had been
appointed, that he had qualified, that he
had filed a bond, that he had made a
demand by law, declaring that MI. Ell
dodt legally held the office, and denying
the right of the governor to remove
him or to appoint a successor. Solicitor
General Bartlett made a motion that
the answer be quashed.
The motion was argued in an exhaust
i've manner before Judge McFie by So
licitor General Bartlett in behalf
of the territory. and by the attorneys
named. The argument was in greater
part technical, and not so much upon
the question of the power of the gov
ernor to remove and appoint territorial
officers during the recess of the legisla-
tive council as upon the scope and
meaning of the mandamus proceedings.
Mr.. Catron denied the right of the
governor to remove the territorial
treasurer and to appoint a territorial
officer except under certain, well-de-
fined contingencies, and denied the right
to appoint a successor without the aid
of the legislative council,
General Bartlett contended that that
had nothing to do in an answer to a
mandamus writ, but was a proper plea
in a quo warranto proceeding, and when
that was brought he would show that
Eldodt was removed for malfeasance in
office. The main and most recent deci-
sion quoted was the commandments
lin case, when the governor of New
Mexico removed the sheriff of Santa Fe
county and appointed a successor. The
action was sustained by the supreme
court of the territory.
The counsel finished argument on the
motion shortly before 6 o'clock last
evening, and Judge McFie intimated
what his ruling on the motion would be,
referring to the Cunningham and Conk-
lin case as a good and most recent prec-
edent. Court was then adjourned until
this forenoon.
This morning counsel for Mr.. Eldodt
moved that the case be submitted to a
jury. After argument by counsel this
was overruled, and exception taken,
and Judge McFie handed down the fol-
lowing order:
"The cause coming on to be heard up
on the motion of the relator to quash
the answer and return of the respond
en- therein and for a peremptory writ of
mandamus to issue upon the alternative
writ heretofore granted in and for a
upon the alternative writ heretofore
granted in the cause, the same is ar
gued by Edward L.. Bartlett, attorney
for the %relator, and by N. B. Laughlin
sthN - ~ oiy ollol IVY lol lIC It.
%spondent, and the court being fully ad-
vised in the premises, doth sustain the
said motion in so far as the answer and
return denies the right of the governor
treasurer, and asserts the title to the
office in the respondent, and his right
such officer to retain and hold pos
session Of the insignia and %parapherna-
liza of said office. But the answer and re-
turn in the first part and second para
graph thereof, wherein there are spe-
cific and absolute denials of the allega-
tons in the writ as to the appointment
and qualification of the relator to the
office of the treasurer, are held respon-
sive to the writ and are allowed to
stand, to which ruling, decision and &C
ton Of the our the respondent then
and there duly excepted.
1.-THE above recited case coming on to
heard Upon motion of the respondent
and his demand for a jury to try the
issues joined in the case, the same be-
ing argued by counsel for the relator
and for the respondent, and the court
being fully advised in the premises, doth
overrule said motion and application,
and the case is set down for hearing by
the court, to which action and ruling of
the court the respondent then and there
duly excepted"
Judge McFie ruled against the asser-
ton of the counsel for Vaughn that the
to the writ must be sworn to.
Argument on the case was resumed
this afternoon, and a final decision is
expected before the court adjourns this
evening.
THE DECISION.
Judge McFie at 5 o'clock this after
noon ordered a peremptory writ of ma
ndamus to be issued compelling Mr..
Eldodt to turn over the office to Mr..
Vaughn until the legal title to the same
has been finally determined. Counsel
FOR Mr.. Eldodt then moved for a new
hearing, which will be passed upon to-
PERSONAL MENTION.