Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-12-28
SUPREME COURT
sUsTA|Ns HUBBELLs
In Suits to Secure Offices From Justo
Armijo and Perfecto Armijo in
BernaliIo County.

Inc supreme COuTL VI New MtAlCU
continued in session today, reconven-
ing at 10 o'clock this morning in
chambers at the Capitol building.
There were present:
Chief Justice William j. Mills, AS
sociate Justice John r. McFie, Asso-
ciate Justice Frank w. Parker, Asso-
ciate Justice William H. Pope, Asso
ciate Justice Edward A. Mann, and
Associate Justice Ira A. Abbott. Jose
p. Sena, clerk of the court, was at
his post.
The Territory of New Merico was
represented by Attorney General W.
C. Reid
The hearing of arguments was con-
cluded yesterday afternoon in the
cases of Thomas S. Hubbell VS.. Per
fecto Armijo and Frank A. Hubbell
VS.. Iusto R. Armijo. The court then
took the cases under advisement. AT
. o'clock this afternoon when court
reconveneL after the noon recess a
decision was announced reversing
the pro forma judgments of the lower
court and finding in favor Of the Hub
bells.
After announcing the reversal OF
the pro forma judgments in the lower
court the cases were ordered re-
manded to the lower court. Attorney
w. B. Childers, counsel for the Hub
bells, asked for final Judgment ex.
planning that that was the reason the
cases had been appealed on the pro
forma judgments, and this was
granted
The following is the decision and
judgment as rendered:
1T was conceded by counsel for the
appelees in his brief and argument
that these cases turn solely upon sec
tion 1S41 of the Revised Statutes of
the United States. being that section
of the Organic Act which provides
that the Governor shall take care tnat
the laws shall be faithfully executed.
The truth or falsity OF the charges
against the officers Inv question or the
right of the Governor to remove
county officers under authority given
by the Legislature have not therefore
been 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 legisla. We authority?
This question we unanimously answer
in the negative.
The following judgment was then
read in the case of Frank A. Hnbbell
VS.. Justo R. Armijo for possession of
the office of treasurer and ex-officio
collector of Bernalillo County:
This cause having been argued by
counsel for the respective parties and
submitted to the court and the court
having taken the same under advise.
ment now announces its decision ra.
Verslng the pro forma Judgment of the
court below sustaining the defendants
demurrer to the amended information
filed in said cause and dismissing tbe
SAID cause. 1t appearing TO the court
mat the sole question raised by said
demurrer was whether that provision
vi the Revised Statutes of the United
states providing that the Governor of
.he territory shall take care that the
laws be faithfully executed conferred
any power on the Governor to removo
'he reiator from Office and appoint his
successor, and it further appearing
.nat Ill argument and in brief filed bv
oo'hsel for appellees that it was and
u stated that this was the solo n,,os
'loh involved in the case excent the
question of jurisdiction which wac do
o.aea @ against the appellee bv tbe
court below. ~ 'he
~ IS considered, ordered and sd
Judged that the Judgment of tbe conrt
oeio" sustaining the demurrer ~
w. w. ",a @ oi 'ne respondent and appellee
9e s ana the same is hereby reversed
wherefore 1T lis further considoro :,
oroered and adjudged by this court
that the said respondent Justo r Ar.
'AJo mas unlawfully uslurped and does
uhlawfully usurp the Office of trao,
'rer and ex-officio collector of the
county OF Bernalillo and Territory NJ
New Mexico from the relator. Franz
A. Hubbell lawful incumbent of the
sara once and that the said respond
eht do henceforth cease and desist
rrom IN any manner intermedling with
or attempting to perform the duties or
exercise the functions of said office
and 1t is further considered, ordered
and adjudged by the court that the
said Frank A. Hubbell have and re.
cover from respondent Justo R. Armiio
ms costs in this behalf expended to
be taxed and that he may have exc.
cution therefor"
A similar Judgment was rendered
In the case of Thomas s. Hubbell VS..
Perfecto Armijo for possession of
the office OF sheriff of Bernalillo Coun-
ty.
The cases were assigned to Associ.
ate Justice Ira A. Abbott Of the Sec
ond Judicial District and the written
opinion of the court will be handed
down by him at a later date.
The Supreme Court then adjourned
to meet ON January s at 2 o'clock.
is AMERICANS