Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-10-07
THAT WRIT OF
PROHIBITION
Issued by Associate Justice Ed.
ward A. Mann in the Hub.
bell Case
is FINALLY OBTAINED
Cannot Be Made Retroactive, However
Situation in Status Quo and
Ex-Sheriff Remains in Jail.

w. b. Childers and w. e. Dobson,
attorneys for ex-Sheriff Thomas S.
Hubbell, were here yesterday and
upon the arrival of Supreme Court
Clerk Jose d. Sena, from Taos,
pounced upon him like hawks upon
small chicken. They had to have
the envelope containing the order for
the writ by Judge Mann opened and
attended to instantly, or the heavens
would fall" and the United States
be shaken to it's very foundations.
What else would happen they did not
say, but as Supreme Court Clerk Sena
did not desire the heavens to fall and
the United States to be rent asunder,
and in order not to be sentenced to
a years Imprisonment in jail for con-
tempt of the schemes of Mr.. Hub
bells attorneys, and also to save him
self from prosecution for high treas
on and lese-majeste, he good natured-
ly complied and prepared the import
ant document, the issuance of which
was brought about under the provi-
sions of the Magma Charter and the
constitution Of the United States, in
short order, put the great seal OF the
Territory of New Mexico upon it and,
with smile and bow, handed it to
the two attorneys They drew them
selves up to their full height, which,
by the way, is not very imposing, and
thereafter proceeded to the depot and
left for the Duke City with the con-
viction 1--WE have him now" They did
not say whom they had, but, after all,
that is immaterial to the people at
large. Ex-Treasurer Frank A. Hubbell
accompanied and watched over them
with his eagle glance, and with great
care.
When they left town they were hug
ging the precious document and felt
very amiable toward everybody ex-
cept the territorial administration,
some Of the judges, the New Mexican
and other newspapers.
The document upon which they base
the salvation and the preservation Of
the liberties Of the people of the Uni
ted States from tyranny and despotism
by the executive department, and
from injustice, over reaching and lille
gal decision by judges, that is, in their
own opinion, reads as follows:
The Territory of New Mexico:
To Ira A. Abbott, individually and
as Judge of the Second Judicial Dis
trict of said Territory, and of the Dis
trict Court of. Bernalillo County, New
Mexico:
Bernalillo County, New Mexico:
Greeting-Whereas, Thomas s.
Hubbell has presented his affidavit
and motion to the Honorable Edward
A. Mann, associate justice Of the SUI
preme court of the Territory Of New
Mexico, in vacation, praying for writ
Of prohibition to be directed to you,
the said Ira A. Abbott, as judge Of
the Second Judicial District, and Of
the District Court of Bernalillo Coun-
ty, Territory of New Mexico, CON-
manding you to desist from and re-
frain from certain proceedings there
in, and whereas, the cause shown
therein appears to the said associate
justice to be sufficient:
Now, therefore, you, the said Ira A.
Abbott, individually and as Judge OF
the Second Judicial District and OF
the District Court, aforesaid, are here
by commanded to desist and refrain
from in any manner passing upon or
determining the right of one Per-
fecto Armijo to the Office of sheriff OF
Bernalillo County, New Mexico, ex'
.cept by judicial proceedings in the or.
dinsry course Of law, and from direct.
ing or ordering, or continuing, en-
forcing or insisting upon the enforce
ment of any order or direction by you
or said court made previous hereto
that the said Thomas s. Hubbell shall
deliver to one Perfecto Armijo posses
sion Of the county Jail of the said
county Of Bernalillo, or OF the pris
oners therein confined, or OF a room
in the court house Of Bernalillo Coun
ty, or Of tho records and parapherna
liza Of the Office of said sheriff, until
the next term of the Supreme Court
Of the Territory Of New Mexico to DC
begun and held on the third day Of
January, 1906, or until the further or
der Of said court thereon, and thai
you show cause at the next term o.
said court why you should not be alb
solutely restrained as aforesaid.
Witness the Honorable William ]
Mills, chief justice Of the Territory O
New Mexico, and the seal Of said Su
preme Court, this sixth day of Oc
tober, 1905.
Jose D. Sena, clerk Of the Supreme
Court.
The foregoing writ is hereby allow
ed. and the first day OF the next regu
lar term Of the Supreme Court Of th
Territory Of New Mexico Is designat
ed as the return day thereof, and tn
~ ~hon hn cn~voN y,rf%n ~