Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-26

low the text OF the exceptions recent
ly filed by the Hon. George Washing
ton Priehard, attorney general for
New Mexico. in behalf of the territory,
60 the report OF Referee Charles V.
Stafford, i'm the case of H. o. Bursum
against the territory in which Bursum
sues for an accounting Of his affairs
as superintendent of the territorial
pententiary
In his report to the court, filed
some days ago, Referee Stafford held
that the territory is Indebted to Mr.
Bursum in the sum OF more than
$4,000
The exceptions form an Interesting
document, made more interesting
from the fact that appearing with the
Honorable George Washington Prics
ard. attorney general for New Mexico,
is also Mr.. Ormsby McHarg. special
assistant attorney general of the
United states, now in New Mexico.
conducting an investigation into land
and other matters. Mr.. McHarg also
appears as attorney for the territory.
In spite of denials which have APP
peared in the Santa Fe New Mexican
in Santa Fe 1t is still persistently as
serted IN the capital that Attorney
General Prichard did not take his ac-
tion in filing the exceptions very will
ingly, but that he was urged to do so
by powers higher up, which he found
it inconvenient TO resist The APP
pearance of Mr. McHarg in the filing
Of the exceptions tends to confirm
this statement. The full text of the
exceptions follows:
In he District Court Of the Third Ju-
dicial District of the Territory of
New Mexico. within and for the
County of Socorro.
Holm o. Bursum. Plaintiff. VS.. the
Territory of New Mexico. Defend
ant No 5lT3. Exceptions To Ref
eree's Report.
Now comes the defendant the ter
ritory of New Mexico. by George w
Prichard, the attorney general there
OF, and Ormsby McHarg. its attorneys
ana eXcepts To the report of the ref
cree herein, and for grounds OF excep-
tion To said report shows To the court |
the following:
That this court Is without iurisdic- |
ton to hear and determine the ac- |
counts of the plaintff herein.
IT.
That the referee herein did not A.
point time and place for the heari 2 1
OF evidence in this case, and did d Il I
give notice In writing To the parti. /
hereto OF the time and place for hear
ing the evidence in this case, as re-
quired by law.
That said referee was disqualified
10 act as referee under the provis-
ions of the law of the territory of New
Mexico. IN this matter and particular
Iy to act as such referee under the
provisions of chapter Is OF The ses-
sion laws Of the thirty-seVenth legis-
ative assembly of the territory Of
New Mexico, in that. before entering
upon the taking of the testimony. and
before making his report herein the
said referee failed to take. subscribe
and file an oath In said cause to the
Effect that he would discharge his
iuties as such referee according To-
aw
".
That the report OF the referee here
q is improper and irregular in form.
ind does not conform to the require
nents OF law In that IL fails To recite
he order Of the court. ordering such
'eierence and appointing the referee
md that u does not recitc the notice I ,
% the parties Of the time and place OF
tating the account or taking the tes-
imany. nor does the same accompany
he report Of the proceedings or the ,,
estimony taken before said referee.
V.
That the report of the referee here ,
y does not state an account between
he plaintiff. Holm o. Bursum, and
De territory of New Mexico. as re- !
.aired by law.
VI
That the report Of the referee here T
q does not show that he has made z
indings of fact as the basis Of his re- g
''tt- buf that said report is arguman- {
alive in form, and partisan in char s
cter &
VII Z
mat the referee herein. as shown
y said report. ignores the order of Z
ne court and did not consider all q
TENS of account Of plaintiff entered u
mo between him and the territory of Z
NeN Mexico during the time he was q
'uferiniendent Of the territorial peni- a
T ntiary, nor does u show that he con- y
-uefr1 Items which should have been v
= ep-fiy made Items Of account. and n
+. .l'iepusly and Illegally omitted by III
plalntiff from the books ~ said 2
~. ehiiary while he was superinten- &
Tent thereof.
VIII. b
ihat the referee herein has failed 7
-. 10y discharge his duties a. ref n
w. ~ that he has moi raurrfoI an .