Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-03-02
.l3 OPINIONS
HANDED DOWN
Decisions Against
the Hubbells ct al.
in Four Cases.
MANY IMPORTANT POINTS
Elephant Butte Dam Matter
Once More Passed Upon
by Supreme Court.

The Territorial Supreme Court this
noon before adjourning to June ~, at
10 a. m, handed down thirteen opin-
ions out Of thirty.one cases 1t had TN
der adyisement at the beginning OF
the adjourned session. in addition to
the opinions handed down yesterday.
several of them Of great Importance
and others Of widespread interest.
among them being the cases arising
out of the removal by Governor Otero
of Thomas S. Hubbell, as sheriff;
Frank A. Hubbell as treasurer, and
Eslavio Vigil as superintendent OF
schools OF Bernalillo County the Su'
preme Court deciding against the con
tentions Of the removed officers. ruling
in short that the proper proceeding
to test the title 10 Office Is by quo
warranto and not by mandamus or in
junction, but that on the other hand.
proceedings In quo warranto are an ad-
mission on the part OF the plaintin
that defendant has possession of the
Office.
Another important case involved the
title to part of the Compromise Mine
at White Oaks, Lincoln County, and
there the decision was in favor Of
Benjamin f. Dye and William B. Chill
ders, appellees. This was the only
opinion in which there was any dis
sent, both Chief Justice W. J. Mills
and Associate Justice John r. McFle
dissenting.
The New Mexican will print a synop.
sis of the more important opinlons;ih
later Issue, as, they are of general
interest
1t was shortly before IL o'clock that
the members of the bench filed into
the Supreme Court room. there being
present Chief Justice William j.
Mills and Associate Justices John r.
McFie, Frank w. Parker, W. H. Pope.
Edward A. Mann and Ira A. Abbott
Supreme Court Clerk Jose D. Sena
was present. The only business was
the handing down of opinions as fol
lows:
No. l113, Benjamin H. Dye and Will
liam B, Childers, appellees, VS.. H. c.
Crary ct al. appellants, appeal from
Socorro County. The judgment below
was affirmed the opinion being by
Judge Mann; Chief Justice Mills and
Associate Justice McFie dissenting
H. 3. Ferguson and Elfego Baca, at
torneys for appellants, and W. B. Chill
ders for appellees.
No. 1926, Territory Of New Mexico,
appellee, VS.. Jake Netherlin, appel
liant, from Roosevelt County The judg-
ment of the lower court was affirmed.
the opinion being by Judge Abbott,
Netherlin had been convicted of re.
ceiving two stolen horses Of the value
of 500 each. Attorney General George
W. Prichard for the Territory, and
Freeman & Cameron and Robert C.
Reid for appellant.
No. 1869, Alexander NJ. McHendry,
plaintln In error VS.. The Lincoln
Lucky and Lee Mining Company. H.
B. Cartwright ct al, defendants in err.
| ror, the case involving valuable min.
ing property in southern Santa Fe
County Motion to strike out the mo-
tion for new trial and the bill Of ex-
! ceptlons from the record Is denied.
Per curiam. w. B. Childers and N, B.
Laughlin for plaintiff in error, and E.
A. Fiske for defendant in error.
No. 1112, Thomas s. Hubbell, rela,
tor, vs. Ira A. Abbott, Judge of the
Second Judicial District, respondent.
In this case preliminary writ of in.
junction directed to Judge Ira A. Alb.
bott by Judge Edward A. Mann to re-.
strain the former from proceeding fur
ther in the case involving title to the
office of sheriff of Bernalillo County.
was dissolved. Opinion by Chief Jus.
tice William J. Mills. w. B. Childers,
A. B. Mcmillan and e. W. Dobson for
the relator, and Neill B. Field and
Frank W. Clancy for the respondent.
In No. 11lS, Frank A. Hubbell, ap-
pellant, vs. Justo r, Armijo, appellee;
No. I'LL, Eslavio VIGIL appellant. VS.
Andrew B. Stroup, appellee; No. 1115,
Territory of New Mexico ex rel. Tho.
mas S. Hubbell appellant, VS.. William
E. Dame, clerk of the District Court
OF the Second Judicial District OF the
Territory of New Mexico, appellee.
and No. 1116, Thomas s. Hubbell, an.
pellant, VS.. Perfecto Armijo, appellee.
all from Bernallllo County, and arising
out of the removal by Governor Otero
OF the appellants from Office, the judg-
ment OF the lower court being affirm,
ed, the first two being by curiam. In
the third named, the opinion. was BY
Judge Pope, and in the last named by