Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-09-06
HEARING THIS
AFTERNOON
In Mandamus Petition Filed By
Attorneys for Thomas 5.
HubbeI
BEFORE JUDGE ABBOTT
Court Recognizes Governor 0tsro's
Commission to Psrfecto Armijo ss
Bsrlalillo County Sheriff.
Special to the New Mexican.

Special to the New Mexican.
Albuquerque, Sept. 6,-Judge Ira A.
Abbott, Of the Second Judicial District
Court, In chambers this morning de-
cided that he must recognize the COM
mission of Governor Otero, issued to
Perfecto Arlnijo, as sheriff of Bernal.
lilo County and ordered that the jury
venires for the District Court for
Bernalillo County be turned over by
the clerk to Sheriff Perfecto Armijo,
for service for the coming term of
the Territorial District Court w. B.
Childers, E. w. Dobson, and A. B.
Mcmillan, attorneys for Thomas 8.
Hubbell, removed from the sheriffs
office by the Governor, then filed a
petition for mandamus, commanding
the clerk of the court to issue the
jury venires for the September term
of court to Thomas S. Hubbell, sheriff
for service. This motion was set for
hearing for 2 o'clock this afternoon,
1t is conceded that the decision of
the court will be to deny the applica-
ton for the writ of mandamus. It is
reported that Thomas S. Hubbell, who
still has charge of the jail, will resist
any attempt on the part of the new
sheriff, Perfecto Armijo, to take pris-
oners from the jail and bring them In
to court, or to take charge of the JAIL
no matter what the decision of the
court may be this afternoon. Should
this happen, trouble is feared, as
Sheriff Perfecto Armijo is deternl-
ined man and will carry out the man.
dates of the court.
Up to noon, Justo r. Armijo, ap-
pointed treasurer and ex-officio collect
or by Governor Otero, to fill the va
cancy caused by the removal of Frank
A. Hubbell, as treasurer and ex-offlcio
collector, had not campleted his bond
and therefore no action had been TAX
en- in this case SO far.
The bond of A. B. Stroup appointed
superintendent of schools by Governor
OlCiO, WIZ Goldfio Nl6A lCluoNCuJ AdS
been approved by the proper authori-
ties but Mr.. Stroup has as yet not
taken office.
Il AT yesterdays session of the probate
court of Bernalillo County, Sheriff
Perfecto Armijo was in attendance
and opened the court, Probate Judge
Jesus Romero, presiding. Sheriff Ar
milo was present during the session
and closed the court at the proper
time. This was Sheriff Armijo's first
official act. A large crowd filed the
corridors in the court room but ev-
erything went off very orderly.
Yesterday afternoon, Judge Alb
bott heard counsel for Armijo and
for Hubbell upon the following points;
Attorney N. B. Field, for Armijo, ar
gued that Perfecto Armijo was sheriff
of Bernalillo County under the com
mission of Governor Otero, and that
this commission was prima facie evil
dence of the fact and should be taken
as such by the court. w. B. Childers,
e. w. Dobson and A. B. Mcmillan ar-
gued that Thomas s. Hubbell was
sheriff of Bernalillo County and that
the Governor could not appoint or is
sue commission as sheriff to any one
else, as Hubbell was not dead and had
not resigned. The argument yesterday
was simply for the purpose Of bring
ing the statutes governing such mat
ers to the attention of the court
= Great interest is taken In the case
and the court room during its pre-.
gress was crowded to the utmost.
Reserves Decision Until This Evening.
Special to the New Mexican.
Albuquerque, Sept. 6.-Judge All
!, bott heard the arguments for the writ
;. late this afternoon but reserved de.
!. . cision until this evening. The venire
!. for jurors was issued to Sheriff Per.
i. fecto Armijo at 2 o'clock this after
!, ;, noon and he commenced to serve
: them The bond Of A. B. Stroup wa;
approved by the county commissioners
at o'clock and he was sworn in az
: county school superintendent. H.
y made no attempt to take Office, how
J ever, as 1t was intimated that Eslavis
Vigil would refuse to give up the Cf
!. flee. Fred B. Heyn, engineer at th'
! Crystal Ice Company plant, was ap
:. pointed by Sheriff Armijo to serv'
u as his chief deputy. Justo R. Armi
E 10 had not completed his bond q
treasurer up to late this afternoon.
O.