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

w. Dobson. TO the charges hied
against r. A. Hubbeli, treasurer and
ex-ofiiclo collector Of Bornalillo
county;
Now comes Frank A. HubheI collector
and prVtcsiinE A. 20 many % the charges
% made as@lnss hl@ X me said , alssslcs
by him through the United states mail
on June e. 1876. this respondent alleges
that there h no authority vested BY law
M the governor 81 the Territory 20 hear
ana determine the same. nevertheless
the stid collector. no urntcHting. fiea HE
answer 20 said chgrgea. ~ follows.
J. Respondent admits that he N now
and has been since the beginning Of the
year 1870. treasurer and ex-Ofilcie collect
or Of hcrnalliio county,
q Respondent admits that there came
into his hands az such treasurer a large
amount Of moneys, not lees than twelve
thousand dollars. which was collected
under the tax levy for general county
w isH'' became anne ana Was 4 part q the
fund belonging 90 the current year o.
Il Further answeriry respondent al
icgea thas the board of county commits
sloncrs OF the naid county drew warrants
AGAINST said funds for the iuii amount
81 the moneys 40 received hy him ~
paid out of said funds and that the pay-
ment 81 warrants completely exhausted
the funds IN the hands Of the said treas
urer Respondent further answering says
that NJ the time he paid the warrants
hcreinbeforc alleged By him 20 have been
paid out % the said funds collected from
the tax lew for IL year 1870, he
no other knowledge or Information az 20
the expenses or indebtedness 81 thc said
county, or the year in which the said
for which said warrants wefa drawn
than the said warrants upon their face
gave HIM ana further answering, says
not his duty under the law 10 so behind
the face uf the said warrants nri pass
upon their legality and refuse 90 pay tho
d Further answering. said respondent
alleges that he la informed and believes
that the provision 81 the statute under
which the said payment by him II alleged
20 the board or officer drawing the WHl-
Fnutn against said funds, and not 10 him
aud that be had no discretion az 10 tEf
swcrins. TINS respondent protests THAI
there ia no prOYlH IN contained In the
oaid section of the statute authorlziuG
me governor Of tho territory % hear aud
determining any charge VI violation 0f
said law against this respondent. but
that n there d. any violation Of the same
on hla part he iH civiliy liable therefor
aud IL - a subject or prosecution Ia a
criminal proceeding against him.
2, ~ 90 The nfth charge nude against
him this Respondent says that he ad-
NNNN""NNNNN
from TIE general school fund OF said
county the hum Of eelis upon warrants
drawn BY the county school superlEs, ma
sbod hSlgm s TOO fer l9rsg nlmesr q
and that ne also paid a. therein charged
~ igr storage 81 the desks ana the sum
OF y ior hauling. Further answering
respondent alleges that Il has been OTIS
tomary On the part 90 an Of the school
huprriutC udcnta OF the county 10 nun
s snsa', assss % oe used IA The several
sehogi districts OF thc county, and Il
has been customary after the purchasa
ot DECKS ~ The manner Aforesaid and
inc payment for them out " the scDcrai
hcnqYoi tgnd u the county before diatri-
Dltloh ot the same, 10 collect from each |
school district The amount due for the |
4sskt diHtfuuted and used IN such school |
alatflct ana thereby returning 20 90 |
sengfli school FUND the money ag Ok.
pended Ia the purchase OF saId dcsla !
iuat said purchases have been made as /
matter gf convenience ana economy. % |
thAt tho dcaka could be bought cheaper |
man u purchased hy each school dis /
trict on Tor each school district ssliaiato- i
4. heapondent further says that school /
sale by dealers 20 that they could IL ptf. 1
chased when needed, but Il was mecca i
sall ~ purchase them elsewhere ana i
nave nav, shep shipped here, kespondent
nun,y 30 paid Tor said school desks.
Iteisut nud nauiiug, hna hrrn rpturtlsi L
90 ga. scnooi funa Of the sald oou,l-.
not go paid the county aca ,ol supcrlns
tshdfnt nuW has GA hnnd De decks f0f
tho purchase o. ~hiea siGe money was
eie. "Aa the naia hAlancr % muntg
pr realized ana repaia 10 said school
rund.
a. % the charge contained in para
si1fN - "i aaia chafEcs, that siiu 10.
aFNNe' tA AAla hAltauta drawn b. tAt 1
cuun3 superintendent 90 schools Tor tne
sum ul Two hundred ana UItVru tf1fYI u,ti. /
"la' Nh.gh sums were properly payable
lheru uus only one huu0r9d $500 a.,ii,rs
properly 90 the Crcult of anhi flud. IN
Respondent says that tlie Said county "a.
F y, ,,, caoois drew said was-
amount aud as had been custdfnarY
since ihc faN authorship The holding III /
siid Institute was passed, the expenses
school fund. and 10 fess were oi,Iisrtri
from the persons attending AID iuatittlt,l |
ana VI the aci approved March iitn. "
t.etioh lsis o. Tue complied laws " New
MeNieo % lssA authorizing the o0licciion
81 sums IRON pcrsons attending SAID in-
atituie was 10 amended as 10 repeal ~
prgf,t.un ief tho collection Of the s4uit
i9th, lga. the Legislature aitsmpfod to
amtud said SECTION 1913. BY providing for
me collection Of a sum 81 hot less than
iara ISL uut respondent ailceeN thai mol
such huln1 were collected ef paid 10 MIN
~ such collector.
ANNAIN.NANl"N ANfalltI says NIMl ~ Nr WAS
not authorised 10 pay Ole whole vi 80
sum % Two hundred And nftotn tlfl5) DOL
iufa, on account ~ the warrants dfsWn
a. aforri'id ~ the said county sapnrln.
trii"ut - schools, that hi lac htgtr
hcreiuiese aeen called upon 10 account
lof SAID sum 10 paid, and he stauda
ready and willing and hereby 0fora ID
account TOT ana pay thg part % tho salc
sum or I'VE hundred ana iftoon Olltl dol.
lars which De WAS not authorized 10 nav
~ atofeanlli into the general school fund
~ me said county, the payment 81 tho
same on his part OF ~ hil deputy having
been merely mistake un 20 his duties M
the premises.
z A. "a the charge contained In nara.
graph u respondent admits that ~ has
fefOlved Moneys ~ thoftln ALLEGED From
the sheriff % the county on colio1tlona
made w eaid sheriff from liquor and
g4mlng llceneeai and further answering,
allaGta that ~ has Distributed en- 81
thu money 20 rocaiycd, tWo.thlrdn ID the
crr4it OF The several school districts
eNerfln said llosnota we're feoaigeA ana
one-third % the credit u the general