Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-07-01

school fund Of thc county, except 4 per
vent of the amount - fcoeiteui Whipu
riiid per cent hu now he's in iilH pos
session aud on deposit vita othCf county
moneys IA the Bank % Commerce. d
which said Uank ne kctpa ms account
- hnch rpile"infi Hno ~ winch per
cent he kecpa special account on his
hooks ~ such collector. hfspuagcnt fur
Their answering. alleges that he ~ tn
tplntd ana believes that he L. by law
s ,,,,a W A.,p aha fs'sln ths s SAID
as such collector, and further answering
ailcgen that the board % county comia-
siunere, through ita district attorney.
hia risht 20 retain said I per cent. which
said suit - now pending in the district
court % tho Second JUDICIAL district. for
ihe cnunty Of Hurnalilio. and 70 which
suit has been BEARD before tho said court
and has been taken under adeiacmcnt hy
the lhdEg of The said court and remains
Furtber answering. th,s respondent a..
leGca that he ia Informed BY hia attorney
that knowing that the district attorney
disputed ma right 10 retain said moneys.
inquiry Wsa made of the said district at
torney ~ The month Of December 1904. FOR
the purpose % aacertninlnF whether the
course which she said respondent has
pursued ~ above stated. OF retaining
said moneys until the final adjudication
81 HE riGht 20 retain the same could be-
had, was satisfactory 10 she said dts
trlct attorney. ana ~ was Informed ~
MS attorney that the said district att0r-
n'y, py cYrrespondgnce and orally 90
stated 70 bic, respondents. said attorney
ana that ne offered then ana There. and
hie, respondents. attorney. offered 20
facilitate the hearing and decision Of the
selo e.ene anl has done everything ~
money 10 determined being ready asa
wiliinE 20 pay over the same whenever
ae matter haa been, fully determined
against this respondent. ard hi n atiil
ready and willinG 20 pay over aud ac-
count Tor the said moneys Nhencvcr such
adverse decision % rendered against him
graphs and of aald charge. thls ro-
epondent states and protcata that he did
not recciNc tho said money alleged 20
have been wronFfully received By him IN
MS capacity na collector Of thc county
nor was h. che custodian of said moneys
az pth't Official ~ the said county. a.
plainly appears from the said rrcuaatinn;
~ iifth., auaNcring, rcspondrnt pro-
noi empowered by aN 10 Adiudge or
pass upon the QUESTION a. a. whether
nhid money wa pruperly received by this
.pp.aent na county school auaorintcnd-
ent turthcr answering. this roanonesnt
liitftf that O. srU ia IA ~ ~ ndinr ns tha
district court 0f the Second judicial a..
trlct, Tor the county ~ Dcrnalliln. 10 de-
,.ilnlns Nntiher tho nnin money WA
% odiudicatc an questions involved iii
the receipt Of said money by this re-
sponenti and thar said suit II unaeicr-
nlno,i, and respondent further alleges
thAt ne has offered and still Offers and III
ready ana willing % refund and repay 20
the Hnld county any moneys which iu the
sald auit. or any other fliit which may
~ Drought against him, he may BE- adj
lunesd Responsible or liable for 10 said
p Respondent further answering al
lcgcs that be has fully accotnted Tor an
moneys which have come into hia poassa-
sion a. collector or treasured or Other
county uflccr coming into his hands az
hnch, unless u Is moneys that may have
been paid out by him BY mistake ~ law or
tnct, ~ hcroinhofore rbove stated. and ~
% such moneys he has never been called
upon % account ard has never refused 10
accourti and De- further ALLEGES that he
~ ready ana willing 90 account FOR and
pay over any and al moneys for witch
~ y responsible that may have been In
his hands ln nis capacity a. a county
oiilcor % said county.