Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-10-21

The following correspondence which
took place Monday last, between AS
sociate Justice Benjamin S. Baker,
presiding judge of the second oadicial
district and Frank w. Clancy. Esq,
district attorney for the Territory of
the same district, appeared in yester-
days Albuquerque Journal. The New
Mexican re-publishes the same as a
matter of interest to many of it's read
ers in various sections of the Terri
tory. Judge Bakers letter reads:
October 19, 1903.
"Hon. F. w. Clancy, District Attorney
Second Judicial District, Albuquer-
que, N. M:
"Sir-I am informed from what |
see in the newspapers that some OF
the county officers of BernalillO coun-
ty have appropriated or misappropriat-
ed money belonging to Bernalillo coun-
ty. The court is the proper tribunal
in which to try such matters If any
officer of said county has appropriated
or misappropriated, any money be-
longing to said county, of which you
have knowledge or information, it Is
your duty to at once institute pr9Der
proceedings in the court to recover
the same. | demand of you that, in
this matter, you be not derelict Of your
duty. This you should do without fear
or favor, absolutely ignoring all politi-
cal effect OF your action. If the exig-
ency of the case demands and the
evidence warrants, | will call special
grand jury to indict all offenders. !
will continue to do all | can consist
ent with my position to see that no
guilty one escapes punishment.
(Signed) "B. s. BAKER,
Associate Justice of the Supreme
Court of New Mexico and Judgf OF
the Second Judicial Distriat Gg3rA"e"
Of"
District Attorney Clancys answer
follows:
October 10, 1908, 8 O'Clock p. m.
"Hon Benjamin S. Baker, Associate
Justice of the Supreme Court OF
New Mexico and Judge of the Sec
ond Judicial District, Albuquerque,
N. NJ:
"Sir-Since mailing to you this after
noon. my answer to your letter OF this
morning, | find by the Evening Citi-
zen that you have given to the press
your letter to me- This cOmpels me,
out of regard to the public as well as
~ %N fol fhp G
with my answer, which will have pub
lished as soon as practicable. | have
no doubt that this will be satisfactory
to you as you must have expected and
desired it when you gave out your let
ter. Very respectfully
"F. w. CLANCY,
District Attorney"
The following is copy of Mr.. Clan
cy's reply to which he refers in the
above note:
October 19, 1908.
"Hon. Benjamin S. Baker, Associate
Justice of the Supreme Court OF
New Mexico, and Judge of the Sec
ond Judicial District Court, Albu-
querque N. M:
"Sir-I acknowledge the receipt OF
your letter of even date herewith. Up
on reflection you must realize that
your letter oversteps the limits of Off
cial and judicial propriety, and
would make no answer to it, beyond
acknowledging it's receipt, were it not
that your action should be attributed
to praiseworthy zeal for the public
welfare.
&C. ou have no right thus to lecture
or instruct me as to the performance
of my official duties, any more than
l have to give you such instructions.
The fact that you undertake to do so
in this manner carries with it the i'm
plication that am not doing my duty,
but assuming that you do not intend
or desire your letter to be so under
stood, I make this answer.
I do not recognize that you are