Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1904-12-10
By President Roosevelt From the
Office of Associate Justice Of
Territorial Supreme Court
Made Yesterday
ON SERIOUS CHARGES
Action Taken After Careful Investiga.
ton of Matter and Written De.
fense by Judge...0ff for Wash
ingtion to Fight.
Special to the New Mexican.

Washington, II. T., Dec. lU.-FreSl-
dent Roosevelt yesterday signed the
order for the removal from Office of
Associate Justice Benjamin S. Baker,
of tn, Territorial supreme court of New
Mexico. The order took effect imme-
diateIy. 1t is said that the President
took this action after careful eXamina-
tion of the charges made by N. B.
Field, of Albuquerque, and others af-
fecting the judicial behavior and Of
ficial conduct of the Judge and after
due consideration of the report OF the
special agent who examined the Charg-
es, the written defense of Judge Bak-
er and the views of Attorney General
Moody in writing in the case.
The report is that the general charg-
es are misfeasance in Office and i'm
proper and unjudicial action in improp-
ant civil and political cases, which
have come before the Judge during
the last 18 months or more. This is
the general character, but the speci-
fications while numerous, have not
been given out. The question OF
whether the Judge should be allowed
to resign was duly considered, it is
said, but it was thought best for the
public interests to order removal.
Judge Bakers successor has not been
determined upon, but it is understood
that he will not be resident of New
Mexico and that probably New Eng
land man will bo named. This may be
Monday next or soon thereafter.
It is said that the order of removal
closes the case absolutely and that it
will not be re-opened by the depart
ment of Justice.
Official Report of Department of JUS
tice.
Washington, D. c., Dec. 10.-Judge
BENJAMIN S. Baker, of New Mexico, has
been removed by President Roosevelt
as a result of series of complaints
filed with the President regarding the
affairs in Bernalillo County. The fol-
lowing official statement was given out
at the Department of Justice today:
president Roosevelt has removed
from office Judge Benjamin s. Baker,
of New Mexico. Numerous complaints
were presented and thorough inves'
tigation of them was made by the de-
partment of justice. 1t was found
that in Bernalillo County, in which Al
buquerque is situated, political and of-
fetal affairs are in bad condition,
that improper jury commissioners
were being appointed, that the selec-
ton of Jurors was being tampered
with, the Sunday laws were not being
enforced against gambling and saloons,
and that Judge Baker was not doing
what Judge should do to remedy such
evils.
ut was considered that more Wig
orous and strict Judge was imperative
ly needed in his place. 1t was for
these reasons that the change in judge
ship was concluded upon and not be-
cause Judge Baker was deemed dis
honest or corrupt. Judge Baker was
fully examined and his statements tax.
en- down for information of the Presi-
dent, but so far as the reasons for his
removal were concerned, his explana-
tions were not deemed sufficient to
prevent the change in judges"
Delegate Rodey, of New Mexico, call
ed at the White House today to urge
the President to give Judge Baker
hearing. but learned that Baker had
already been removed and that the
case could not be considered further.
OF For Washington to Fight.
Special to the New Mexican.
albuquerque, Dec. 10.-The news OF
the summary removal oe Judge Ben
iamin s. Baker from -fice was the
main topic of conversation here today
. and was viewed by citizens generally
with approval and satisfaction. The
Hubbell faction on the other hand de-
nounced it as an outrage, but the best
men in the community believe 1t to be
the right thing.
Judge Baker started today for wash
ington to make fight on the admins
tration and, it is said here, Will HE
charges upon charges against the Ter
ritorial administration. Captain w
E. Dame. clerk of the district court, &C
companied him. It is asserted by some
that he goes upon the same mission
while others deny this.
1t is also said that Captain Dame
will retain the position of clerk undel
the new appointee, whoever he may be