Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-09-08
OF SHERIFF HUBBELL AGAINST
PERFECTO ARMIJO, GOVERNORS APPGINTEE
Full History Of the Case From Standpoint Of Plaintiff.


Thomas s. Hubbell, Plaintiff,
VS..
Perfecto Armijo. Defendant.
Thomas S. Hubbell. plaintin in the
above entitled cause, respectfully repre-
sents to the court that at the general
election held in and for the county of
Bernalillo. in said territory of New
Mexico, on Tuesday next after the first
Monday Of November, a. d. 1904, he was
duly elected sheriff of said county, an
office created under and by virtue Of the
laws of the territory of New MeXtcoi
that after having been so elected and
the votes cast having been canvassed by
the board OF ~canVasers of the said coun-
ty of Bernalillo, a certificate Of election
to said office Of sheriff was caused to be
made, signed and delivered to him by
the said board of canyassers; a copy of
which said certificate of election is
hereby filed, marked Exhibit A. and
made a part of this complaint. That
thereafter the said plaintiff duly quail
fled as sheriff Of the said county, by
giving the bonds required by law, which
said bonds were approved by the Judge
of the district court, and by taking the
oaths required by the statute; all of
which said bonds and oaths are on file
in the proper offices as required by law
in said county Of Bernalillo. That there
after on the first day OF January, A. ID.
1905. after having duly qualified as afore-
said, he entered into the possession of
the said office and upon the discharge
of the duties of the same, and has ever
since continued in the possession of said
Office, and of county jail of said county
and the prisoners of said county, and in
the possession Of the books and papers
pertaining to the said office Of sheriff,
and also OF the rooms la the county
court house Of said county OF Bernalillo,
assigned to the sheriff Of said coun-
~ as his office. and still is i'm the pos
session of the said office, books, papers.
property, jail and prisoners, and rooms,
and everything else appertaining to the
said office.
Plaintiff further alleges that he has
not resigned said office Of sheriff OF
said county. and that he is MT dead,
and that he has never abandoned the
said office, and is still aimin the
right to said office. and is still dis
charging the duties Of said office. and is
still in possession of the same, together
with all the property pertaining thereto.
as aforesaid: and that no vacancy has
been created in said office since the
plaintiff qualified as aforesaid.
Plaintiff further alleges that certain
pretended charges of official misconduct
were filed against said PLAINTIFF with the
governor Of New Mexico, a copy of
which said charges are attached hereto
and made a part of this complaint,
marked 'EXbitit b
Plaintiff further alleges that the gov
ernor of New Mexico notified this plain
tiff that he would hear the said charges
\ at Albuquerque in said Bernalillo coun-
", on the 18th day Of August, A. ID.
1876. and that on said day the said plain
tin appeared before the said governor at
the time and place aforesaid. i'm person
and by his counsel. and protested that
the governor had no jurisdiction or pow
er to entertain. hear or pass upon said
charges against this plaintiff or to va
cate his commission as sheriff of said
county, or to remove hin from said Of
fee; but plaintiff alleges that the said
governor nevertheless pretended to hear
certain pretended evidence, which said
evidence so presented before the said
ernHraFnnr cold nlnfntffF dol -.-.4.s--l
any Of the said charges I'm fact: and al
leges that the said charges are wholly
false and untrue, and that the said gov
ernor. as this plaintiff then and there
protested, was without Jurisdiction and
power to hear or determine the truth or
falsity of said charges.
Plaintiff further alleges that the said
governor on the 31st day of August. A.
ID 1905, made n pretended order pertain
ing and claiming to remove this plaintiff
from the said office of sheriff of said
county Of Bernalillo. upon said charges;
a copy of which said order Is filed here
with. attached to and made a part of
q this complaint, marked Exhibit G."
Plaintiff further alleges that no other
charges were ever filed before the said
governor against him. nor was he ever
called upon or notified to answer any
other charges against him before the
said governor of said territory. Plain
tiff further alleges that the said COVER
nor has never pretended to pass upon
any other charges against him except
the charges aforesaid. And plaintiff de-
nles that he Is guilty Of the things al
legged against him in said charges.
Plaintiff further alleges Thar the said
governor issued and signed a pretended
commission under the great seal of the
territory Of New Mexico, pretending to
appoint and commission the defendant.
Perfecto Armijo, sheriff of said county
or Bernalillp to fill the vacancy created
by the said pretended order Of removal
OF this plaintiff from said office
CODN OF which said nnp1p ofugf,- - -
piaintim asks to file with this complaint
so soon as he can obtain a copv of the
same; and make the same a part Of this
complaint. marking the SAM "Exbihit
D." Plaintiff further alleges that no va
cancy in said office has ever been creat-
ed in any other manner than bv the ae-
ton OF the said governor. pretending to
remove this plaintiff from said ONCE
referred to and marked. Exhibit Of
claimed to be based upon the hearing
had upon said charges. ~
flaintin further alleges that the said
fertecto Armt1o, pretending 10 act NV
virtue and under the authority Of said
pretended commission. has executed
bonds as such sheriff as aforesaid. WHOM
saia oonds have been approved by the
judge OF the Second judicial district
court OF the territory Of New Mexico
Tor the county of BernalilIo. and that
said defendant has taken all the formal
steps required by law to qualify as such
sheriff under said commission. and Is
now assuming TO discharge and CLAIMING
the right TO exercise and discharge the
duties and receive the emoluments Of
the said Office Of sheriff, under and by
virtue Of said pretended commission.
Plaintiff further alleges that as sucf
sheriff plaintiff ls charged with the duty
OF serving the venire for the summoninr
OF the territorial grand and petit Juror,
70 serve at the present September teru
or the district court Of the Second iudic
ial district Of the territory Of New Mex
leo. for the county OF Rernalillo. and al
all subsequent terms Of said court dur
Ing his term Of office. and that he a
also charged with the duty and ha0
the riPht ~ receive the fees for the ser
~i"e Of said process and Of all other pra
cess, crirrinai and civil. Issued out o
the said district court Of the Second in
dtcial district. for the county ~ RernaI
$40. end that n Is made his duty by Law
10 serve said process.
Plaintiff further alleges that wUliar
r. Dame. the clert ~ tho district cour
Of tho Second judicial district. fo~ tn
county ~ Rarna1nlo. is charged with IN
duty ~ issuing the said Jury verlra an,
All other nr0rees ~ said court civii pm
crim'nql. and delivering the same 10 tn
sheriff ~ said county ~ Rarna1Hlo 4
he evo@utnd hv the said sheriff. on.
r'ointiff fu'ther ALLEGES that the eoi
defenoant. perfocto ArnnfiO. nretn0din0
n act ne sheriff under the said nratera
81 ooomission. hos demanded from IN
said Dame tho soid 'firv venire for IN
nurnose NJ serving the sarne and SUN
woning the p~ord and nett Jurors 70
tho said cneuirp September term q
this co17rt ord rivee ont qud uretcnT
npd claims and &c demanding tho rich
20 ear~e on other p~ocess civtl an,
crir7tnal i9surd FROM tho said count. ~