Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1906-12-29
THE HUBBEL[ CASES STATED
BOTH CORRECTLY AND IN FULL
History of the Matter From Its Inception
to Their Triumphant VindiCdtiOn
Before the Higher Court.
NEW MEXICO CITIZENSHIP HAS BEEN
FULLY ESTABLISHED BY HIGHER TRIBUNAL

The supreme court rendered judg-
ment in the cases of the territory of
New Mexico on relation of Thomas S
Hubbell VS.. Perfecto Armijo, in which
the relator claimed the office OF
sheriff of Bernalillo county. and in
the case of the territory of New Mex
leo on relation of Frank A. Hubbell
VS.. Justo II. Armijo, in which the re-
lator claimed the office of treasurer
and eN-officio collector, yesterday.
The judgments were in favor of the
REALTORS, deciding that the defendants
usurped said offices and that the re-
lators were entitled to the same.
These cases grew out of the re-
moval of Thomas $. Hubbell from the
office of sheriif and of Frank A. Hub
bell from the Office of treasurer and
ex-officio collector by Governor Otero
in the month of August. 1905. After
the removal of the officers, forcible
possession was taken of the office Of
sheriff as will be remembered. and
Thomas s. Hubbell was incarcerated
i'm Jail Frank A Hubbell refused to
turn over his Office and forcible pos
session of his office and everything
also taken Both REALTORS applied to
the court for relief in mandamus pro
ceedings and by way of injunction
The court refused this relief and
these cases went to the supreme
court and were affirmed upon the
ground that the court could not in
these proceedings question the au-
thority of the governor, but only IN
proceeding in the nature of quo war
ranto
Even prior to their rendition OF
the decision in these cases. Thomas
:. Hubbell, having been actually dis
possessed of his office, began pro-
cedings in quo warranto. In order
to do this it was necessary to have
the permission of the attorney gen.
eral. Then the attorney general,
George W. Pritchard, gave permis-
sion to Thomas $. Hubbell to use the
name Of the territory in proceedings
in quo warranto, and the case had
progressed to a point where there
was an issue which could have been
heard, when the attorney general
withdrew his consent to the use of
the name of the territory The right
of the attorney general to withdraw
his consent was then challenged
The district court dismissed this
proceeding on account of the with
drawal of the consent OF the attorney
general. An appeal was then taken
to the supreme court in this cause
In the meantime, before any decision
was rendered, the present attorney
general w. G. Reid, came into the
Office and he gave his consent to the
use of the name OF the territory foI
the purpose of prosecuting these tive
cases. The two suits were then very
promptly brought and as the cases
could not be heard in the regular
way i'm the district court soon enough
to reach the supreme court and be
determined before the first day OF
January, a judgment pro forma, as
II is called, against the Hubbells, was
rendered by Judge Abbott and an ap'
peal taken and a special session OF
the supreme court held for the pur'
pose of the hearing, which took place
Thursday.
1t will thus be seen than T. s. Hub
bell and f. A, Hubbell made every
effort, through their counsel, 10 have
the authority of the governor passed
upon by the supreme court since
their removal, which the supreme
court says now was utterly without
authority. The right to remove then
Was claimed under that provision OF
the organic act which provides thai
the governor shall see that the laws
are faithfully executed, claiming for
the governor the same power oyel
elective officers in the territory thai
the president has over officers whom
he appoints. because that Language