Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-09-07
BERNAL|LL0
SHR|EVALTY
Court Temporarily Recognized
Commission Of Governor to
Armijo
INJUNCTION IS ASKED
To Restrain New Sheriff From Exercis.
ing Dutiss".Hearing Monday.
Will Accept Judges Decision.
Special to the New Mexican.

Special to the New Mexican.
Albuquerque, New Mexico, Sept. z.
The venires for the jurors for the
pending term of the district court for
Bernalillo County which have been
turned over to Sheriff Perfecto Ar
milo by the clerk in accordance with
the order of the court, were yesterday
served by Sheriff Armijo Demand
was also made by the latter upon
Thomas S. Hubbell, the removed Off |
the jail and the custody of the prison
ers therein to Sheriff Armijo. Hub
bell declined to do so.
! During yesterday afternoon, Judge
Abbott granted an alternative writ of
mandamus directed to the clerk, to
return the venires to Thomas S. Hub |
bell as sheriff of Bernalillo County |
upon the latters petition. This action
brought the case formally before the
court.
Last night, attorneys for Hubbell
stated that should the court decline
commanding the clerk to return the
jury venires then in possession of
Sheriff Armijo, to Hubbell, the case
would be taken at once to the SUI
preme Court.
In the matter of the office of treas
urer and ex-oficio collector it was
found that the tax rolls of Bernalillo
County had been turned over by the
assessor to Frank A. Hubbell, then
treasurer and collector, on August
the 18th and are still in his posses
sion. The new treasurer and collect
or, Justo R. Ar1nijo has not yet com
pleted his bond and has not yet made
formal demand upon Hubbell for the
4 Office and it's records.
Memorandum Filed BY Judge Abbott.
Judge Abbott yesterday afternoon,
: filed the following memorandum in the
ease:
"Mr. Perfecto Armijo lawfully pre-
lsented to me as Judge OF the Second
l. judicial District commission in due
9 form from M. A. Otero, Governor OF
8 New Mexico, declaring that a vacancy
/ existed in the Office of sheriff of Ber'
e nalillo County, and appointing him
I. sheriff to fill such vacancy. At the
5 same time he presented two bonds in
q the form required by law for the per-
e lformance of his official duties, and
they were approved by me. He then
demanded of the clerk OF the court
the venires for the jurors who have
!, been selected and were to be sum-
u moned to serve at the next term OF
e said court for Bernalillo County. Prior
= to that time I had been requested by
y attorneys representing Thomas 5.
j. Hubbell to allow them to be heard !?
It behalf of their client, who they said
II claimed to be sheriff OF Bernalillo
0 County through an election by the
people, on any matter involving the
= recognition of the said Perfecto Ar
milo, as sheriff by the court Accord
ingly, they, and counsel for the said
'. Armijo were invited to discuss the
question which had arisen as friends
Ia of the court there being no cause
ri pending, and they did so very fully
ol and ably.
a Judqe Abbott States Reason for His
" Course.
" Having determined on the course
which I think it proper to pursue in
the matter, deem it advisable tt
state my reasons therefore in writ
ing.
D. "The commission issued to Perfect'
Armijo declares that vacancy Ii
H. the office of the sheriff of Bernalill
sl County existed If that was a fact, tn
We Governor unquestionably had power I,
Ill fill it. Vacancies in Office may occu
"a in several ways not open to question
M as by death, resignation, or expiration
nd of the term of Office of the incumbent
On The commission presented in the pres
ent instance is silent as to the caus
of the vacancy, merely declaring tina
one exists.
IS. ut is suggested in behalf OF MI
Hubbell that the court should take j.
nc, dicial notice that the Governor ha
or removed, or, as they say, denying tn
rly power of removal in this case, ha
he pretended to remove Mr. Hubbell frol
ing the Office which he held. They cit
ex- in re, Attorney General, 8, New Mexie
ere Reports, 524 in support Of that prop
OF sition.
DOO "The court in that case, as it seen
to me, carried the doctrine of judicl
notice to untenable ground, and
sumed to take such notice Of certa
TX. facts which really were made know
,ck. to 1t by evidence, but it appeared tn
a the Governor who had attempted
ank remove the attorney general had 81
has en- the court actual official notice
yice his action, and it may therefore, ha
Mr.. been at liberty to consider wheth
nily he had the power Of removal in tn
and case.
lent Even If the court should In Il
present instance take judicial noti