Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1900-05-12
rrnnrroRrAL SUPREME couEr.
OPinions Handed Down IN several ImPor'
tant Cssus Gases Submitted.

upiniuns Handed Down ~ several impuf-
tant cases Cases sabmitted.
The territorial supreme court, with
chief Justice Mill pres.ding and As
sociate Justices Crumpacker. Mcffe
and Parker present. resumed its work
Thursday morning az 10 O'Clock.
The case 81 the United States 81
America. appellant. W. The Hio drandc
Dam and Irrigation Company, appellee.
was concluded and the case submitted.
Hon W B Childcrs. United states at
t0rney. represented the government.
Judge A. 49, FAN, 0f Las Cruces. and
John Franklin, % ia Pgso. appeared
Tor the appellee. This cause is general
~ known as the Elephant Butte dam
case.
La o. Nicsnor Herrera, an haheas
corpus proceeding brought from san
Miguel county. VAS argued and sub
mitted. Charles 4. spiess appeared Tor
the territory and Vccder a Voeder rep
resented the rela.or.
Opinions were handed down Ia the
following cases. Philip Mlhlscr ct al.
appellants. W. L. A. Long. et AL. APP
peliees, appeal from the district court
81 Chaves county. Judgment Of tie
lower court reversed and the case re-
manded with Instructions 10 the lower
court To take specific eyideace upon
which 10 base decree defining the
rights u the parties to the action.
opinion b. Judge McF1e
I.c Grande T.. Pratt. appellant. vs.
Territory OF New Mexico. appellee.
from Chaves county. judgment VI low
"a court reversed with Instructions To
grant new trial opinion by Judge
Parker
samuel Eldodt. plaintiff In error. W..
Territory "a rci John "A. Vaughn, de-
frndaut in error. Judgment OF lower
court affirmed. opinion by Judge
Crumpackgr. This was an action
brought by Samuel Eldolt. late terri
tOrlal treasurer. to test the validity OF
the mandAmus granted by Judge Nc
File ordering him 90 turn over 10 John
~. Vaughn the books. papers seal and
other property. Insignia and paraphcr-
malta Of the office Of territorial treas
urer on the strength Of the latter hav-
INK been duly qualified to perform the
/ functions 81 treasurer under an ap-
/ pOintmrnt % the governor IL was held
20 the opinion sustaining The man
dhmus granted by Judge McFie that
I the one possessing prima facio title %
an office may compel delivery to him
self " the books. papers. etc. pertain
4 ing thereto. by mandamus that ths
| question of the actual or ultimate title
/ 90 the office must be- raised IN an APP
| propuate proceeding directly Tor the
! purpose, that the prima faciv title Of
! Vaughn 10 the office Was clear II the
| governor had the power 10 appoint,
and that the presumption IN favor OF
! the legality and regularity Of the acts
I u the executive are The strongest
| known 20 the law. The opinion fur
| Their held that there WAS no error 10
| guIshing thr portions 0f the respond
| enfs return which alleged the posses
sion uf the onicc and denied the power
| OF The governor TO make the appoint
! mrnt of the relator The opinion vi
] the supreme c0url in the case of Conk-
hn W. Cunningham was quoted in sup
/ port 81 these positions
Numa Raymond. plaintiff IL error. W..
/ simon y. NcWcOmb. defendant in err
/ ron from bona Ana county. Judgment
| Of lower court reversed. with lnstruc-
uons 10 rcinstate ths case and proceed
| IN conformity with law opinion by
| Judge Crumpacktr
Hattie u. crary, appellant. vs. Mend
! 70. Field, appellee, from Bernalillo
| county. Judgment reversed ana cause
| dismissed at ApI rllccs costs, Opinion
| by Judge McFie
William McGiDnls appellant. w. Ter
riiory of SNew Mexico. appellee, from
! tolfaA county, Judgment OF lower
/ court affirmed. OPINION by Judge
| crumpaokrr. The appellant In this
| cause was convicted last July OF muir
der va the second degree aud sentenced
/ 10 the penitcmidry Tor lie Tor par
! ucIpauon la the murder OF William
Farr who was az the time acting with
| the United states marshal ga arrcstng
Sam ketchum ana others Tor holding
| up mail tram on the Colorado south
! crn railroad ia Union county Mcgin-
mis- Is now serving the term mentioned
! Ia lne penitcnUary.
Tomas T. Gutirrrcs. ct al. appellants.
| W.. Albuquerque Land ana Irrigation
! company, appellee. Judgment OF lower
| court affirmed. This cause Was tried
/ before Judge McFIe In santa be coun-
] - on q change % venue from Bernaul-
/ lu county, aud the written opinion rem.
dered 40 the time by Judge McFic was
| adopted intact as the opinion OF the
! supreme court IN the premises.
! Jose y. iuiz, plainun Ia error. Va.
! the Territory of NrW Mexico. defend
ans ln error. from Bernalillo county
/ Judgment OF lower court affirmed.
! OPINION by Judge Mctie. The plaintiff
in this case II under sentence OF death
| Cor murder. and the arilpn Of thr su-
| prcnr court makes the sentence nnaL
! Friday, June J. 1900, was fixed as the
/ day Tor the execution Of the sentence.
/ la rc Nicanor Herrera, the demurrer
| 90 the petition for wrH Of habena COR
! pus was sustained, ana the prayer Of
the petitioner WAS denied
The court thsreppon adjourned until