Albuquerque morning journal., 1907-07-04
TREIFORD AGAIN ASKS
RAYNOLDS FOR SQUARE DEAF,

Upon receipt of the attorney gen
erals letter this afternoon Mr.. Hanna
forwarded the following communlca-
tion to ActtngGovernor Reynolds;
Santa Fe, N. NJ. July g, 1907.
Hon. J. W. Raynolds, Acting Cow
ernor. Santa Fe ~ H.
Sr.-I am today In RECENT Of
letter from the attorney general n
which he declines to afford Mr.. Trri-
ford the privilege of filing suit In the
nature OF quo warrantO for he utir-
pose of trying the title 10 the officn
of superintendent of the New Ma-.;N0
penltentiary. Inasmuch az the district
court of this district has decided that
the attorney general was vested with
wide discretion in such applications
hnndsfaoep laWg. with which discretion
the court would not interfere we find
| 1t necessary 70 again appeal to you To-
use your influence with the attorney
general that we may be Afforded somc
opportunity and the only one. now
open 70 us. Of having our legal rights
passed upon. | enclose herewith Il
letter from the attorney general. to-
gether with my letter to him. in which
are set forth the grounds upon which
we base the legal rights of MIR. Trel-
ford. Should the attorney general
persist In his refusal to allow US to
test the matter In court bv uuo war
rant0 proceedings. we are IN the posi-
tlon VI having heen hailed before a tii-
bunal without sanction Of iaW. and
caused to submit to an examination
without being furnished with specin'
Information as to the charges claimed
to be made. except that the attorney
generals report informs us that Won
directed him to investigate the "repor.
in the territorial press. particularly
the santa Fe New Mexican Of June a.
which referred TO rumors OF eN-
treme harshness and cruelty I'm ia,
treatment OF prisoners practleed by
the present authorities Of the terri
torial penitentiary." and after lend
ing our assistance I'm such examination
and bringing out ample proof on
crosse examination OF the three wit
nesses, offered to show the worthless.
ness Of the rumor and the renort ~
the New Mexican. etc, we are drected
10 put In defense. and confna ou..
selves to nine witnesses. named by the
attorney general. and to allow the
defense TO be mapped out by him
and other things of a similar nature
But declining to be placed In a false
position by attempting n defense IN
which such Wide latitude was permi-
ted We appealed to you. and asked -
be AFFORDED some opportunity Of inter-
posing defense that would show up
the true situation. and your answer
was the attempted summary removal
OF Mr.. Trelford. who persists In claim
ing that the law gives him a right "a
a hearing before the board OF COM
mlssioners. and that certain other ic-
gal questions were Involved IN the
matter. so that Il became neeesssr,
for you TO order your police oflicors
to eject Mr. Trelford from his office.
using all the force necessary. which
the captain OF the police did. without
warrant or other evidence Of author
ny. save his statement OF your order
and the necessary brute force. Nov.
after all the foregoing facts had
transpred. we respectfully requested
the. permission OF the attorney general
TO bring "a suit that the rights of Mr..
Trelford might be passed upon by
the court, being met with denial or
the rights Of citizenship in that re-
spcet. In this connection We wnuld
state that Mr.. Trclford II both a eitf-
zen and a Taxpayer OF New Mexict.
and not a citizen Of Kansas, deHpiie
the contention Of the attorney general
~ the connection. though The question
0t citizenship has no legal slgnlncance
whatever IN the question at issue. ff
We are WITHOUT legal rights In she
things contended for by u.s. neither the
territory nor The republican party
can be hnfmcd by permitting us a.
resort 10 the courts for a judicial de-
termination OF the several questions
involved. On the other hand. II we
have rights, claimed by as ana we are
denied the privilege sought. We submit
that an autocratlc power har heen a.
sumed that II unknown elsewhere III
the entire United States or territories.
~ closing | call your attention 10 scr-
ton OF the organic act of New Mex
ico. which declares your duty to be us
follows "And shall take care thar
the laws be faithfully executed W.
contend that the best authority upin
The question Of whether of not the
laws are being at the present time
faithfully executed. u the courts ant
that opportunity should be aff0rd q
the courts - pass upon the legal uurf-
tiona rIow involved In the present COr-
trOyersy. unless the eSccutive branen
of our government haa ceased to he
eo-0rdlnate with the judicial We asa
your carly attention. consideration ona
relief Respectfully yours
RICHARD d. HANNA.
Attorney Tor Arthur Tfelfefd.