Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1900-05-05
TERRITORIAL SUPREME COURT.
opinion. Handed Down In several impor.
tant tases-Casc. Submitted.

tant t~ases-Cascs submitted.
The territorial supreme court, with
chief Justice Mills presiding. and As
sociate Justices Crumpacker, McF1e
and Parker present, resumed its work
Thursday morning at 10 o'clock.
The case u the United states OF
America, appellant, VS.. The Rio Grande
Dam and Irrigation Company, appellee,
was concluded and the case submitted.
Hon. w. Il. Childers, United states at
torney, represented the government,
Judge A. as. Fall. Of Las Cruces. and
John Franklin, Of El Paso, appeared
| for the appellee. This cause is general
~ known az the Elephant Butte dam
case.
In re Nicanur Herrera, an habeas
corpus proceeding brought from san
Miguel county. was argued and sub
mltted. Charles A. Spiess appeared for
the territory and veeder 4 Needer rep
resented the relator.
Opinions were handed down in the
following cases: Philip Milhiser, ct al,
appellants, VS.. l.. NJ. Long, ct al, APP
pellees, appeal from the district court
| OF Chaves county; judgment Of the
lower court reversed and the case re-
manded with Instructions to the lower
court TO take specific evidence upOn
which to base a decree defining the
rights u the parties to the action.
opinion by Judge McFie.
lie Grande T.. Pratt. appellant, vs..
Territory Of New Mexico, appellee;
from Chaves county; Judgment OF low
er court reversed, with instructions TO
100 g.nH NAtaN aAanHaAa hH Ialp.
Parker.
Samuel Eldodt, plaintiff in error, vs..
Territory ex rel, John II. Vaughn, de-
PENDANT in error, judgment Of lower
court affirmed. opinion by Judge
Crumpacker. This was an action
brought by Samuel Eldodt, late terri
tOrial treasurer, to test the validity Of
the mandamus granted by Judge Me-
File ordering hin to turn over to John
ii. Vaughn the books. papers. seal and
other property, insignia and parapher-
malta of the office Of territorial treas
urer on the strength of the latter hav-
ing been duly qualified to perform the
functions of treasurer under an APP
pointment Of the governor. IL was held
IN the opinion sustaining the
damus granted by Judge McFie that
the one possessing prima facie title to
an office may compel delivery to him
self OF the books. papers, etc, pertain
ing thereto, by mandamus. that the
question of the actual or ultimate title
to the office must be raised in an APP
propriate proceeding directly for the
purpose; that the prima facie title OF
Vaughn to the office was clear II the
e governor had the power to appoint
and that the presumption IN favor of
the legality n regularity Of the acts
Of the executive are the strongest
2 known to the law. The opinion fur
? ther held that there was no error In
quashing the portions of the respond.
ents return which alleged the posses.
, sion OF the office and denied the power
Of the governor to make the appoint.
, ment OF the relator. TN opinion vi
the supreme court In the case OF Conk.
lin vs.. Cunningham was quoted In sup.
port of these positions.
Numa Raymond, p1aintin in error, vs.
d simon b. Newcomb, defendant in er.
rOr. from Dona Ana county; judgmen.
A Of lower court reversed, with instruc.
tons to reinstate the case and proceed
~ NOAAlOA llllAl Will INV tDlnlOH DN
Judge Crumpacker.
Hattie h. Crazy, appellant. vs.. Neil
b. Field, appellee; from Bernalill,
= county; Judgment reversed and caus,
dismissed at appellee's costs. Opinion
by Judge McFfe.
: William McGinnis. appellant, vs.. Ter
!, ritory of New Mexico. appellee; from
Colfax county; judgment of lowe
court affirmed. opinion by Judg
Crumpacker. The appellant in Thu
cause was convicted last July OF muir
:, der in the second degree and sentence,
to the pemitentiary for life for par
% ticipation in the murder Of William
Farr, who was at the time acting wit
a the United States marshal in arrestinI
Sam ketchum n others for holdinI
up a mail train on the Colorado South
ern railroad in Union county. McGin
mis- is now serving the term mentione
in the p~enitentiary.
. Tomas G. Gutierres, ct al, appellant.
VS.. Albuquerque Land and Irrigatio
Company, appellee; judgment of lowe
court affirmed. This cause wal trie
.. before Judge McFie In Santa Fe cour
~ on a change of venue from Bernali
10 county, and the written opinion reI
dered at the time by Judge McFie VI
n adopted intact as the opinion of II
supreme court in the premises.
/ Jose +. Ruiz, plaintiff in error, v
the Territory OF New Mexico, defenC
ant in error; from Bernalillo county
judgment Of lower court afiirme,
>, Opinion by Judge McFie. The plainti
In this case Is under sentence OF deaf
for murder. and the action OF the 81
NJ preme court makes the sentence hna
Friday, June l, 1900. was fixed as Il
OK day for the execution Of the sentenc