Albuquerque evening citizen., 1905-10-05
THE HUBBELL CASE

The telegram so-called published in the New MeXi.
last evening purporting to from Santa Rosa,
is very amusing affair any way looks at 1t. No
read it, and not feel confident that it was writ
ten in the Office of the New Mexican. Il is Col Frosts
argument in the case, taken down from his own lips
But should this inevitable conclusion of every thinking
who reads the efuson by any possibility of chance
prove erroneous then must stl laugh to think that
the New Mexican should pay some one in Santa Rosa
send long telegram, containing not news but argu
ment which the editor Of the New Mexican could have
written would have written in idenucally the same
words.
Then too. the telegram from Santa Fe to the Aibu
uuerque Morning journal is also peculiar in that it tells
what is in the writ which writ the telegram has not
yet reached Santa Fe Even Hrays could not tell what is
in thing which had not come to hand. BY the way
there is good doubt the statement that the writ
had come hand In the absence of Supreme Court
Clerk Sena had the right to court business and
thus be informed to whether certain document had
come to hand?
But the Morning Journals editorial on the case is
even more amusing that the eegrams referred to- That
editorial says that "Chief Justice Mills of the supreme
court of Mexico has decided in the Hubbell habeas
corpus he has iuricdction in the matter and
remands the back to Judge Abbott Again it says
with the weight of authority the side of the chlet
justice since being the higher Official his opinion is en-
titled greater fore" And yet again 1t says; MT
Mills acted in the capacity of district Judge and Mr.
Mann acted in the capacity of justice of the supreme
court"
fudge which the Journal editor he did, then it
was District Judge Mills who acted in the habeas corpus
case and not "Chief Justice Mills, of the supreme court
New Mexico the Journal editorial stated with
considerable flourish of inaudbe trumpes But may
say that Chief Justice Mills and District Judge Mills are
one and the same SO they personally but legally
and officially they are two entirely distinct people as
much any Smith and Jones in the United states
Chief Justice Mills perform the duties of District
Judge Mills Mills, judge of the Fourth judicial
district of New Mexico perform the duties OF justice OF
supreme court of New Mexico whether ne is called
chief that chairman of the territorial supreme court
whether he is called associate justice, is coequal
with other members of that court Hence the assertion
of the Journal editorial that Chief Justice Mills, of the
supreme of New Mexico did thus and So that what
he did is entitled greater force because of his high
official position is the merest bosh. 1t was District
Judge Mills Of the Fourth district and Associate Justice
Mann, of the court who acted in the two cases
Hence if is any force in the position taken by the
Journal editorial it lies with Judge Mann, since being
the higher official"
Again, that editorial says that Judge Mills decided
that he had mo Jurisdiction in the matter and "remands
the back Judge Abbott" But the editorial fails
to tell the public that Judge Mills believing he did have
jurisdiction issued the writ of habeas corpus and that
upon that writ T. s. Hubbel taken TO Ration; but af-
Mr.. Hubbells arrival Judge Mills changed his mind
and withdrew his writ probably thing never before
heard Of refusing to issue it for lack of jurisdiction
Then he refused bail to Hubben pending appeal on the
that having withdrawn his writ the case was in
its original status quo.
So much the Journal editorial neglects to tell the
public but does say plainly and emphaticay that the
remanded back" to Judge Abbott. What case?
Not the habeas case for that never before
Judge Abbott could not be remanded back to him
Not any other phase of the Hubbe case for no other
phase before Judge Mills and he could not re
mand back what before him.
Again the editorial in the Journal says that Judge
Abbott the object decisions in direct conflict
with each other" District Judge Mills decides that he
has jurisdiction in the particular matter of Hubbell
habeas corpus writ but he makes ruling to Judge
Abbott whatever. He simply has change of mind from
what he thought his prerogatve when he summoned
Hubben before him a writ. He withdrew that writ
leaving Hubbell he before the writ issued
but in directing Judge Abbott. Associate JUS
tice Mann "o the supreme court of New Mexico issues
prohibition preventing District Judge Abbott from TAX
ing any steps the Hubbe till the supreme court
meets in January Here two matters which have not
point in legally yet the Journal editorial says
that they in direct conflict Judge Abbott is "the
object" of both of them
Was so short editorial before utterly self