Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1906-06-16
WILL SETTLE
GALLUP DISPUTE
As TO Who Are It's Municipal
OlilCeFS-.lnIunctlOn Suit
10Th Of June.
TWO SETS OFFICERS IN CONTROL


newly elected mayor. city clerk, treas
uror. etc, the boogs. rogalla anu other
pauphornalia OF their onices. claim.
ing tnai their alleged Successors were
not elected according 20 law. a tenn.
porary iuiunCiiOn has been secured
againet the newly elected officers.
and judge Abbott, Of the second iu-
dicial district court. has sea June 10
Tor the hearing Of the case.
In the complaint n. w Myers. who
az The time ~ che election ~ che new
Officers was town clerk, appears az
plaintiff, with r. NJ. saniuie, the
newly elected mayor as The principal
defendant. the other defendants named
being w y. kuchenhacher, John s..
Bowie. Gus Mulholland, AZ. j. Oiled,
3. %. Brown. GEORGE Krakcr. John
Schauror, J. AL Jacobson, Peter
Kitchen. John w. Rains, j.. "a. Car
man. &. Gonzales, w. 4. McVicker,
James Wells. Simeon Frost. J. W.
Swartz. John Kennedy and Joseph
Kuhn. each holding some Official 20.
Hltiun By virtue Of the late election.
Myers alleges that on the 9th day
OF July. 1891. n majority OF the inhab
itante of Gallup presented a petition
10 tho county commissioners 81 Bcr
nalillO county. Gallup being .oCntcd|
ia nCmallllo county az that time. ask
Ing that the commissioners dec iaF 4.
them an Incorporated town. which.
WIS., done. and that The county com
misaiuuefs called for az election of.
officers lur the government OF tho|
town, which was held, a board Oh
trustees, consisting of ave members,
being elected.
Tie further alleges that these cleo
tons at which trustees were elected
were held regularly each year, up a..
and including 1894 but that ia 1900,
when the ACT entitled, IAN Act IN Re-
lation 60 Incorporated Towns and Va.
lagoa," was approved, they failed and
did not elect q board of trustees the
hrst Tuesday IN April 1905. but that
the old trustees. elected Ia 1904. held
over. and Continued 90 act a. the cor
poruto body 0f the 'Own. until toe
election, pretended 90 have been held
April 3. 1906 and stlll alleges that
they are the only ones entitled "a
conduct the adairs Of the munich
pality.
The plaintiff ar. Myers. further "a
leges that on March .. 1906. the bnl a
OF trustees passed an ordinance pro
yidlng for "the division Of Gallup into
wards, and the election OF officers.
claiming they dld 90 under authority
% the laws Of chapter a.. OF the SEES
sion laws Of 1905, and that they az
tempted 90 divide the town into four
wards, aud called for an election O.
bo held on April 3, 1906. stipulatine
what officers were 20 be elected.
Plaintiff further alleges that after
the passage OF the ordinance. Two set-
Of candidates we're nominated. onc
by the citizens Independent party
and the other by the republican
party Swing the names OF the dif
ierent candidates, and also the name
of those eventually elected az thCI
election held April 3.
The plaintiff then states fhGi thd
officers elected assembled on Ger
tain date and proceeded 10 take tho
required oath OF ONCE. but that the
old board OF trustees refused 20 turn
over the books aud uaraphernalla of
their respective officcs, claiming that
he newly elected officers were not
heir legal successors. and were not
elected IN accordance with the pouq.&
and authority conferred upon the tow
" Gallup by the legislature. W
lie further alleges that In spite cd
.ks. the newly elected officers pro-
aeeded 90 claim that they we're tho
corporate and legislative body Of Cal
Zap and attempted and are still at
tempting, 20 exercise the legiHlatiyc
control and authority over the city.
MI. Myers chen goes on 20 state
hat the town OF Gallup has a p0pu
.atiou exceeding 200o inhabitants
ind therefore, section 2, or chapter az
N the fcssi laws OF 1905 did not
apply TO that city, and that the law
giving cities of 5000 population the
'ight 90 change their form % munici
pal government, ala not apply TO Gal
lap because u did not have the re
Iuirod 5000 inhabitants. He further
alleges that there Is no authority fof
he division OF Gallup into wards. nor
or the election r other than n board
" Eve trustees
lp winding up, the plaintiff allegea
hat ne believes the newly eleftcth
mayor city clerk and aldermen NJ.
end % try 90 conduct the anaifs I'D
he city. which. pltlniln alleges. hC
relieves would work himself and uthoi
az payers irrcparahio mischief anf
injury.
Fer an Of which be prays that The
'ourt VIII Issue O. temporary iniunc
ion against The defendants rs indi
'iduals ana o. alleged cheers OF thd
own Of Gallup, restraining them from
tl exercise any authority
PASS any ordinance. pay ont any Of
ho cityE money, or attempting 90 per
orm, In amy capacity, any function or
luiy relative 10 che business affairs
u the city OF Gallup. and that upon
inal hearing Of the case the court
VII make this injunction perpetual
nd That the cour, viii declare The
ordinance passed by the hosed oi
rnstcos, relative 90 the division of
he town into wards and the election
9 officers, null and void, and that an
lroceedings executed hereunder be
lao declared null and void. tOgoihen
Win such other relief as the court
ees No 20 grant him
When the case cOmcd up for hear.
nE June l9 o. D. confidently expected
~ the defendants that tho temporary
Injunction viii be- dissolved and fhat
hey Will be declared the legal mu
.iclpal body of the city OF Gallup. and
nat an order compelling the oid
card or trustees 90 turn over theirs
ooks paraphemnlia etc., 10 tbc
.eNiy elected uilcora, VIII be- issued
While the plainiins are just as conn.
ent of success.
IN any event Il % a pretty muddle