Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-05-03
TERRITORIAL SUPREME COURT.
Opinions Handed Down In Several Import
ant Oauses-Oases Submitted,

ant Oauses-Oases Submitted.
The territorial supreme court, with
Chief Justice Mills presiding, and AS
sociate Justices Crumpacker, McFie
and Parker present, resumed its work
this morning at 10 o'clock.
The case of the United States of
America, appellant, VS.. The Rio Grande
Dam and Irrigation Company, appellee,
was concluded and the Ease submitted.
Hon. w. B. Childers, United States at
torney, represented the government;
Judge A. B.. Fall, of Las Cruces, and
John Franklin, of Ell Paso, appeared for
the appellee. This cause is generally
known as the Elephant Butte dam case.
In re Nicanor Herrera, an habeas
corpus proceeding brought from San
Miguel county, was argued and sub
mitted. Charles A. Spiess appeared for
the territory and Veeder & Veeder rep
resented the relator.
Opinions were handed down in the
following cases: Philip Milhiser ct al,
appellants, VS.. L. M. Long ct al, appel
lees; appeal from the district court of
Chaves county; judgment of the lower
court reversed and the case remanded
with instructions to the lower court to
take specific evidence upon which to
base a decree defining the rights of the
parties to the action. Opinion by Judge
McFie.
lie Grande e. Pratt, appellant, VS..
Territory of New Mexico appellee;
from Chaves county: judgment of lower
court reversed, with instructions to
grant a new trial. Opinion by Judge
Parker.
Samuel Eldodt, plaintiff in error, VS..
Territory ex rel. John H. Vaughn, de-
PENDANT in error; judgment of lower
court affirmed. Opinion by Judge Crum-
packer. This was an action brought by
Samuel Eldodt, late territorial treas
urer, to test the validity of the manda-
mus granted by Judge McFie ordering
him to turn owe to John H. Vaughn the
books, papers, seal and other property,
insignia and paraphernalia of the office
u q . VII Nv III
of the latter. having duly qualified to
| perform the functions of treasurer I'M
der an appointment of the governor. 1t
was held in the opinion sustaining the
mandamus granted by Judge McFie
that the n possessing prima facie title
to an office may compel delivery to
himself of the books, papers, etc, per-
tanning thereto, by mandamus; that the
question of the actual or ultimate title
to the Office must be raised in an ap-
propriate proceeding directly for the
purpose; that the prima facie title of
Vaughn to the Office was clear if the
governor had the power to appoint; and
that the presumption in favor of the
legality and regularity of the acts of
the executive are the strongest known
to the law. The opinion further held
that there was no error in quashing the
portions of the respondents return
which alleged the possession Of the Of
flee and denied the power of the gov
ernor to make the appointment of the
relator. The opinion of the supreme
court in the case of COnklin VS.. Cum
bingham was quoted in support of these
positions.
Numa Raymond, plaintiff in error, VS..
Simon b.. Newcomb, defendant in error,
from Dona Ana county; Judgment of
lower court reversed. with instructions
to reinstate the cause and proceed in
conformity with law. Opinion by Judge
Crumpacker.
Hattie E. Crazy, appellant, VS.. Neil
B. Field, appellee; from Bernalillo coun-
ty; judgment reversed and cause dis
missed at appellee's costs. Opinion by
Judge McFie.
William McGinnis, appellant, VS.. Ter
ritory Of New Mexico, appellee; from
Colfax county; judgment of lower court
affirmed. Opinion by Judge Crumpack-
err. The appellant in this cause was con-
victed last July of murder in the second
degree and sentenced to the peniten-
tiary for life for participation in the
murder of William Farr, who was at
the time acting with the United States
marshal in arresting Sam Ketchum and
others for holding up a mail train on
the Colorado Southern railroad in
Union county. McGinnis is now serving
the term mentioned in the penitentiary.
Tomas c. Gutierres ct al, appellants,
VS.. Albuquerque Land and Irrigation
Company, appellee; judgment of lower
court affirmed. This cause was tried
before Judge McFie in Santa Fe coun-
ty on a change of venue from Bernalillo
county, and the written opinion rem
dered at the time by Judge McFie was
adopted intact as the opinion of the SUI
preme court in the premises.
Jose P. Ruiz, plaintiff in error, VS..
the Territory of New Mexico, defendant
in error; from Bernalillo county; judg-
ment of lower court affirmed. Opinion
by Judge McFie. The plaintiff in this
cause is under sentence of death for
murder, and the action of the supreme
court makes that sentence final. Friday,
June l, 1900, was fixed as the day for
the execution of the sentence.
In re Nicanor Herrera, the demurrer
to the petition for writ of habeas cor
pus was sustained, and the prayer of
the petitioner was denied.
The court thereupon adjourned until
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