Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-04
Supreme Court Decision in
Celebrated BernaliIIo County
Sheriff Case Goes Deeply
into Rights of Executive.
ORGANIC ACT DOES NOT
GIVE GOVERNOR POWER


Case Of Unusual Interest.
That the executive power vested in
the governor of New Mexico by the
organic act does not include the RICH,
to remove an officer elected in ac-
cordance with a statute Law Of tho
territory is the chief point of interest
In the decision recently rendered nv
the supreme cOur of New Mexico in
the case of the Territory ey rel
Thomas $. Hubbell. appellant. versus
pertecto Armiio, appellee. appeal
from the second district Of Bcrnalm0
county. In the opinion in the case. by
Associate Justice Ira A. Abbot the
important decision is also set forth
that a term OF . district court in this
t"Frltory'begun and held by any Judge
as required by law for a count in the
district continues in existence until
the day fixed by law for the beginning
OF another term of that court for the
same county unless sooner adjourned
without day, although another term of
tne same court for another county has
been held, as required bv law I'm tho
meantime bv the same Judge.
It IS also held that anything done by
a luGge OF a district court in a pro-
teodihg pV information in the nature
oi a QUO Warfanto, SO far, at Least. as
IL u treated. as a civil nlAA which
would be Talid if done in term time.
is not v?tid because done outside of
a regular term of suCh court
Tbo Ca.
nj -
the territory at large are familiar with
the details of the case. August 81,
l9Oa, Governor NJ. A. Otcro removed
of RernaIiIio raunf, aG huppel.
charges nrrfo,.,.o NdI" na nodril5
trfct Attornnv CIancy pnrfd ~ ~
milo was annoirt"d f3i tbo ,o, y a.
of The term which avniraI Iantaa.
1907. Hubben fried f. rceain pos : :
sion of the oface nv, nanGar, onl
equity proceedings but he co,,rt wa @i1
that an in formation ~ ~ ~
quo warranto was thc nnl, y
open to Hubbe!! under he ci IC -
stances to tr,- his titIe to mo afGan
\ nro foinoa docisiou ,l -,
against Hubbeu in tbc district emit
here TO farilitate a bcarinn Il, tbc
higher court. tho decision Of I,dao
Abbott in the loUer cnl,rt s,,e+afni1g
the defendants demurrer - hicb NM
tenged the Jurisdiction az no ietrict
court .Judgor Ahbott ,,1s ~ 80.
qualified to sit in the hipbo,. cou,t rs
his decision was nureIv nrn lorna '
m o,n,
rho onintau ~, I.1tI, ,,
quite lengthy ana most intoroetfng
'NHS''S anu must interesting.
BESIDES the citation of a great many
authorities there is a historical review
of the relations of the president Of
the United States and the congress as
touching the presidents eXecutiye L.
executive powers. the relation Of the ,
federal government to the territory
and its governor and the latter's re-
L,tion 10 me iaotslatnre and tho NO
nIe II is o,ite in,noeeihIo 20 nrirt :
NJ ortrtnu ~ an ~ nv en- 49,
.,t3t WINS
~, - I'"' w. a., ,
~ u''tI'u"n' ? u'iI"' ~ -, T
,9uiN,'"H % ~ .'"'l 49, :
'@9o" u'o" 'HD WV SUM &c !
wien IVtloh was 'aNrI III ~ {
'du9c tnSIC was no tCIIu ol ~ J
9econu dlslflcJ couf, LOT beIIaliIIp J
county III existence Tor Il' reason maj ]
Il term OF Salo court Tor SdiuoVd' S
county had begun aItef the beginning
~ the next preceding term TOT Berna- S
lIIlo county and before such acton
was takep; and secondly that an m v
formation in the nature OF quo war, l.