Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-09-08

gave a refusal i'm writing, a copy of
which is filed herewith, made a part of
this complaint, marked Exhibit E.
Plaintiff further alleges that the said
defendant, his aiders and abettors. give
out and threaten to take possession of
said office and or said rooms in said
court house occupied by the sheriff as
an office, n OF said Jail and the pris-
oners therein. and Of all other property
and insignia pertaining to the said Of
flee Of sheriff, by the use Of force n
without judicial process. Plaintiff fur
Their alleges that unless restrained by an
order and injunction from this court, as
he is informed and believes and as the
said defendant gives out and threatens.
sufficient force viii be used by him and
i'm his behalf TO unlawfully eject said
fully a possession of the same and
all that pertains thereto. as aforesaid,
and that said plaintiff will be unable to
hold and retain possession Of the said Of
flee, books and papers, except by the
use of force In resistance to the force
used by the said defendant and in the
said defendants behalf, and that there
by a breach Of the peace would i%nevita-
lence and possible bloodshed, II this
plaintiff thereby endeavored to lawfully
protect and defend himself In the pos
session Of the said office and the prop
erty appertaining thereto.
Plaintiff further alleges that the act
Of the said governor of the territory Of
| New Mexico was without color Of law
and is not based and does not claim to
be based upon any specific grant Of
power to the governor under and by vir-
tue Of the laws Of the territory of New
Mexico. and that the power to create
said vacancy and remove this plaintiff
I from said office is claimed to have been
| exercised. as stated in the said order OF
removal, upon the language of section
1871 Of the Revised Statutes of the Unit
ed States. declaring that the governor
shall take care that the laws thereof
(of the territory be faithfully eXecut-
cd. and that the governor Of said terri
tory has no specific power granted by
any other law Of the United states or OF
the territory Of New Mexico. authorizing
him to remove his plaintiff from said
office uoon said charges or otherwise.
Plaintiff alleges that exclusive original
jurisdiction to hear and determine said
charges made against him is vested by
sections S44 to $50, inclusive. of the Com
piled Laws of New Mexico Of 1897. in the
district court Of the Second Judicial dis
trict. for the county of Bernalillo. Plain
tiff therefore alleges that the said ac-
ton of the said governor Of said terri
tory in issuing said commission is abso-
lutely null and void. And that any dis
charge of the duties of said office or
taking possession of anything pertain
ing to said office would he acts of usur-
patton of the said office and without
color of law.
Plaintiff further alleges that because
he Is in actual possession of the said Of
flee and engaged In the discharge OF the
duties thereof, he cannot bring a pro-
ceeding in quo warrantO to test the le-
gal title to said office and that he is
without remedy except in n court oil
equity and has no other adequate rem
ecy in the ordinary course of law.
Plaintiff further alleges that the de-
PENDANT if not wholly insolvent is not
possessed Of sufficient means TO respond
in damages to any Judgment plaintlil
may hereafter obtain against him fol
the fees and emoluments of said office
Wherefore. the plaintiff prays that 9
temporary writ Of Injunction be Issued
directed to the defendant, Perfecto Ar
milo, restraining and enjoining MN
from attempting to take possession by
force or otherwise of the said rooms ir
the court house of the county of Bernal
lilo occupied by plaintiff as said sheriff
and of the county jail of the county OF
Bernalillo and the prisoners therein, ant
the books, documents, papers parapher
MALTA and insignia of office and every
thing else pertaining to the office o
said sheriff, and from attempting to dis
charge any of the duties of the sheriff
of the county of Bernalillo and from In
terfering with the discharge of the du
ties Of the office of sheriff of the COUNTY
Of Bernalillo by this plaintiff. until tn
further order of his court; and that up
on the hearing upon said injunction TIN
Z same be made permanent and CONTINUED
i'm force until the right of said plaintlt
and said defendant to said Office can b'
passed upon i'm a proper proceeding II
some court Of competent jurisdiction anc
until the right to possession of saiC
rooms. jail, prisoners, books, papers
Daraphernalia and insignia Of office cal
be determined I'm some proper judicia
proceeding in some court of competen'
Jurisdiction, and for all proper relief II
equity.
Signed THOMAS S. HNBBELL.
w. r. CHILDERS,
A. b. McMILLEN,
T.. w. DOBSON.
Attorneys for Plaintiff.
Territory Of New Mexico, County o.
Bernalillo-ss
Thomas s. Hubbell, of lawful age, be
ing duly sworn, on oath deposes an'
SAYS that he is the plaintiff in the with
in entitled cause; that he has read tn
foregoing complaint and knows the con
tents thereof and that the matters AM
things therein set forth are true of hi
own knowledge, except as to such mat
tiers and things as are herei reclaimed t
be upon Information and belief and thos
he verify believes TO be true.
THOMAS S. HUBBELL.
Subscribed and sworn TO before m
this 9Th day of September, 1905.
(SeaD THOS. X. d. MADISON,
Notary Public.
exhibit Al
County Of RernalilO