Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-06
FRIDAY O 6. 1905.
JUDGE MANN's DECISION.

The exact text OF Judge Mann 8
decision, in granting the writ Of pro
hibition prayed for by the attorneys
Of Thomas Hubbell has come to hand.
The Optic said yesterday in reply 10
those who wondered that one judge
could set aside the action OF another
Of equal rank, that Judge Mann was
sitting as a supreme court Judge and
that In this superior capacity, he was
bound to give the consideration to the
matter brought up from an infeIi3r
court. II Judge Mann thought Judge
Abbott erred he was not only pr.vil.
eyed, but in duty bound to grant the
writ Of prohibition. However. there
seems to be a very general opinion
among attorneys that Judge Mann
~blundered on matters Of law when ne
granted the process. Following is the
opinion:
I'm the supreme court, Of the ter.
ritory Of New Mexico. Thomas S.
IILbbell. VS.. Ira A. Abbott, Judge 81
the district court of BernaliIIO cOun
ty," and his opinion In part is a fol.
lows:
This application for writ Of pro.
,hibition in my judgment cannot call
into question the validity Of the gov
ernor's act In removing Hubbe!l, OF
attempting to do SO, or the title ci
either Hubbell or Armijo to the Office
Of sheriff. These questions, In my
judgment, al only be settled by pro
ceedings In the nature OF quo war
rantO, and the granting OF this writ is
not intended In any manner to touch
upon them. The sole question ut IL.
sue Is: Did Judge Abbott act without
jurisdiction or exceed his juris LECTION
In ordering the clerk of the court ~
place the process Of the court in Ar,
mics hands for service and in order.
Ing Hubbell to turn over to Armijo
the Jail and prisoners and the para
phernalia Of the Office? The FIRST part
of this question I would answer in
the negative; the business of the
court had to proceed and 1t was In
perative that Its process should he
served with due speed. Armijo's
commission and qualification, facts
which we're presented 10 the court
were prima facia enough to justify
the court In having the processes
placed in his hands for service; in
1nfnO Cn HE ont v.oc J.t;,sctpct; -.
and not judicial, and fully Justified by
the conditions. II would be ridicu'
lous to say that the business CT his
court must await the pleasure o. tn,
rival claimants to litigate their differ.
ences and establish the title to tn.
office"
The opinion Of Judge Mann con.
cludes by saying:
Upon the record before me, how
ever, made by the supplemental aft
dayit OF the applicant, showing the
order Of the learned Judge Of the dis.
trlct court OF Bernalillo county tc
Hutbell commanding him to tu,a
over to Perfecto Armijo the jail and
prisoners. offices. rooms, books, etc,
| am Of the opinion that such act wa.
judicial and being made exparte, with
no pending before him, be
tween the parties, was extra judiciur.
"The record does not show that
the court had Jurisdiction either OF
the person or Of the subject matter.
and | have, therefore, issued the p~i
mary writ. modified as indicated
herein. returnable to this court at the
rext term, to be passed upon by the
court upon a full meeting"
Judge Mann. In the opinion above.
appears to argue ably agiinst himself
He declares in one breath that II
would be ridiculous to say that the
business OF the court must await the
pleasure Of rival claimants for Office
and then. unmindful Of the fact that
the busin oss Of the court was entirely
dependent UPON secncng possession
Of the jail and records, he ssrenely
goes on to say that the proc sed ng
to gain possession vas extra Judi.
cium. Something like fifty prisoners
were waiting to be tried; their very