Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-10-04
TAKEN TO THE
COUNTY JAIL
Under Curious Circumstances
Is Ex-Sheriff 7. S. HubbeI|
of BernaIiIIo County
HABEASC0RPUSDENIED
BY Chief Justice MiIls-.Writ Of Prohibi
ton by Associate Justice Mann Will
not Affect Status of the Case.
Special to the New Mexican.

| )PNSieii w IiC LNC" MGhlCdil,
Santa Rosa, n. NJ, Oct. 3.-Judge
Edward A. Mann on Monday, issued
modified writ Of prohibition to restrain
Judge Ira A. Abbott of the Second
Judicial District Court, from enforcing
an order upon former Sheriff Thomas
S. Hubbell to turn over the Bernalillo
County jail and office paraphernalia to
Perfecto Armijo appointed sheriff by
Governor Otero. Judge Mann bases
his action upon the fact that no suit
YVES pending before Judge Abbott,
when the latter issued the order upon
Hubbell. Judge Mann does not pass
on the rights of either claimant and
upholds Judge Abbott in recognizing
Perfecto Armijo as the de facto sheriff.
A Peculiar Situation.
The Jail and records being in the
possession of Sheriff Perfecto Armijo
already, the modified writ of prohibi-
tion comes too late to be of service
to Thomas s. Hubbell Judge Abbott
had acted upon the doctrine of ex-
necesitate, as it is recognized by the
courts. The grand jury for Bernalillo
County had returned SO indictments.
Perfecto Armijo was sheriff de facto
and the jail was in possession of
Thomas S. Hubbell who claimed to pe
sheriff. The business of the court
was, by reason of this situation, hope
lessly Obstructed and therefore Judge
Abbott was fully justified to issue the
order upon Hubbell to turn over the
Jail, although there was no action
pending. In re Parsons, $50 U. s.,
October term, 1898, upon an applica-
tion to the United States supreme
court for leave ito file petitions for
writs of mandamus against the judge
of the district court of the United
States for the middle and northern
districts of Alabama commanding him
to vacate certain orders made and en-
tered by him and to reinstate petition
ers as U. S. attorney and U. S. mar
shall respectively on the ground that
there were no pleadings, or papers or
suit or due process of law to authorize
the order prayed for in the motion, y
the court said: If the orders be re-
garded merely as directions in the
administration of judicial affairs in
respect of the immediate possession of
property or custody Of prisoners, we
can not be properly called on, by rea.
son of anything appearing on these
records in the exercise Of appellate
jurisdiction in this manner to direct
them to be set aside" A number OF
other cases lay down the same doc
trine in it's different phases.
AS to the orders being regarded as
decision of title to the offices in
question, the court intimates that the
proper proceeding to try this question
is by writ of quo warranto.
Application for Writ Of Habeas Corpus
Dismissed.
Special to the New Mexican.
Ration, New Mexico, Oct. 4.-Chief
Justice w. j. Mills this forenoon dis
missed the application for writ OF
habeas corpus to Thomas S. Hubbell,
and the prisoner will be returned to
the Bernalillo County Jail and kept In
the custody of Sheriff Armijo of
Bernalillo County until he purges him
self Of contempt OF court for whicn he
is now In custody.