Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-09-09

been selected aud were 10 be sum
moned TO serve at the next term ol
said court for Bernailllo county. Prior
, 90 THAI time | had been requested by
attorneys representing Mr.. Thomas Il
HubOeu TO allow them 10 be heard In
behalf Of their client, who they said
claimed 10 be sheriff OF Bernaliilo
Z county through an election by the peo
pie on any matter involving the rec.
ognition Of the said Perfecto Armiio.
as sherin by the court. Accordingly,
they, aud counsel for the said Armiio
were Invited 10 discuss the question
which had arisen as "friends OF the
court" there being no cause pending
and they ala 80 very fully and ably.
Having determined on the course
which I think Il proper Ia pursue IN
the matter. | deem Il advisable 10
state my reasons therefore In writ
Ing
The commission Issued TO perfecto
Armijo declares that vacancy ln
the office OF the sheriff OF Bernalill0
county existed. n that was a fact,
the governor uDquestionably had
power to hll Il. Vacancies Ia oiiico
mey occur In several ways not open
~ AAhNHtHAtf - NN ANAAANH ANHANMAahANAf
or expiration OF the term OF ONCE OF
the Incumbent The commission pre-
sented IN the present instance is
silent a. TO the cause OF the vacancy,
merely declaring that one exists.
Il Is suggested In behalf OF Mr..
Hubbell that the court should rake
judicial notice that the governor has
removed, or. as they say, denying the
nN Naa
pretended 20 remove Mr.. Huhholl from
The once which he held. They cite.
In re-. Attorney General, New Mexico
Reports, SEA, In support OF that prop.
ositlOn.
The court IN that case. as Il seems
20 me- carried the doctrine OF j'All-
clal notice 70 untenable ground, and
assumed 10 take such notice Of Ger.
tain facts which really were made
known 20 Il BY evidence, but Il ap.
peared that the governor who had At
tempted TO remove the attorney gen.
eral had given the court actual on.
cial notice of his action, aud it may /
therefore, have been at liberty 10 con. /
slider whether he had the power OF /
removal 10 that case.
Even Il the court should in the pres.
ont Instance take judicial notice that
Mr. Hubhell had been acting before Il.
az aherih. serving its processes, etc.
Il must take the same notice OF the
fact that he may al any moment have
ceased to he sheriff Whether that n
the case. can be- determined only in an
appropriate proceeding IN court, which
can be- Instituted by him n he sees
a.. Il Is % be hoped that tho exceed
ingly important questions Involved
VIII speedily be put In proceas Of set
ilement ia that way. until u Is 80
settled upon the evidence and tho law
N the entire matter, I am OF the 0pin'
lon that The declaration Of the gov.
'rnOr IN the commission issued BY
him 90 Perlecto Afmlio and the com.
mission Itself should have full faith,
respect and credit from the courts 81
ho territory, as proceeding from 90.
ordinate branch of The government.
ana that the holder of the commits.
sion "a entitled 10 recognition as sher
M of bfrnailliu county This c0nciu.I
sion is supported lf not made lmpora.
I'VE, Tor me az a district judge hy the
iecIsion of ~ supreme cnurt 0f The
territory To- cunknn 50. Cunnlufhsm. i
New Mexico Reports ii5 and Eii
io.t ys Territory 10 Now MeNto.