Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1906-12-29
HUBbELLS Win
IN Higher COURT
GOVERNORS AcTton REMOVING
sERAaliLlo COUNTY OFF,
GALS NOT WARRANTED.
Effect OF DECISION
Costs Of Case Taxed Against ce-
PENDANTS. Who Co Out Of office on
January I.

Santa Fe. y ~, Dec. 2s-The
United States supreme court In San.
Ia Fe yesterday reversed the decis,
I'm of Judge Ira Abbott in the cases
OF Frank A. Hubbell vs.. Justo armiiO
a. 10 the correctness of the action {:
Governor oiero In removing tho
Habbeiis from Office. A. u. Field and
~ W Clancy appeared for the Arm.
itos and W, D, Childers and A. d.
McMillen for the Hubbells. The de
eision Is of little practical effect
since the Armijos ga out Of once
January l.
The following Is the decision and
judgment rendered:
1T was conceded by counsel for
the appeliees In his brief and argu.
ment that these cases turn solely
upon section is4l OF the Revised
Statutes of the United States. being
that section Of the Organic Act
which provides that the governor
shall take care that the laws shal,
be- faithfully executed, The truth
or falsity of the charges against the
ofiiceres In question or the right of
the governor to remove county OH.
GERS under authority given by the
legislature have not therefore heen
considered By the court. The sole
question is, did that clause Of the
Organic Act give the governor power
to remove county officers without re.
gard To any Legislative authority
This question we nnanlmousiy ans.
wer IN the negative. /" s
b The following Judgment was then
rsaa IN 49, caseof Fzwnk AZ Huhhall
VI. Jasto n. Armiio for possr@~lss os
the office Of treasurer and ex-offlcio
collector Of Bernalillo county:
This cause having been argued BY
counsel or the respective parties an1
submitted to the court and the court
having taken the same under advise.
ment now announces it's decision 10.
versing the pro forma Judgment OF
the court below sustaining the de.
fendant's demurrer a. the amended
information, filed In said cause and
the cause. II appears 10
the court that the sole question rails.
ed by said demurrer was whether
that provision Of the revised statutes
of the United States providing that
the governor Of the territory shalt
take care that the laws be faithfully
executed, conferred any power 20 the
governor to remove the relator from
office and appoint his successor, ant
1t further appearing that In argument
and In brief filed by counsel for APP
pellees that II was and Is stated that
this was the sole question involyec
In the case except the question IT
Jurisdiction which was decided
against the appellee by the court be-
low.
1T Is considered, ordered and ad.
judged that the Judgment Of the coutt
below sustaining the demurrer pro
fDrma Of the respondent and appellee
be and the same Ia hereby reversed,
Wherefore II Is further considered
ordered and adjudged by this court
that the said respondent Justo n, Ar.
milo has unIawfully usurped and does
usurp the office Of treas.
urer and ex-officio collector III thu
county of Bernalillo and TERRITORY Of
New Mexico from the rc!ator, Frank
A. Hubbell, lawful incumbent Of ths
said office and that the said respond!
ent do henceforth cease and desist
from In any manner intermeddlinG
with or attempting to perform the dr
ties or exercise the functions OF said
office, and II is further considered
ordered and adjudged by the court
that the said Frank A. Hubbeli have
and recover from respondent Justo
r. Armijo his costs in this behalf ex-
pended to be taxed and that he may
have execution therefor"
A similar Judgment was rendered
In the case OF Thomas 8. HubbeIi VS..
Perfecto Armijo for possession OF
the Office of sheriff of Bernalillo coun.