Albuquerque morning journal., 1907-09-19
E!yys'..z:ITTs.IiIlONS IN
BU RSU N
MATTER
TO BE HEARD BY JUDGE
PARKER IN SILVER CITY
Anyone Desiring to Ask QueS-
tionS May Do Soi No Star
Chamber Proceedings, Says
Attorney General Fall,

Attorney General Fall.
Especial Dispatch 70 the Morning JournaI.l
Santa Fe, ~ M, Sept. 1S.-Attorney
General A., b. Fall today announced .
that he had served notice on Special
Assistant Attorney General Ormsby
McHarg, Il. p. Hocombe, Neil r.
Field and H. NJ. Daugherty. attorneys
in the case of II. O. Bursum VS. the
territory of New Mexico, that a hear
ing on the exceptions to the report OF
the referee, filed by Mr.. McHarg and
Former Attorney General George w.
Prichard would be heard before
Judge Frank w. Parker in open court
at Silver City on next Friday, Septem-
ber 18th. Immediately after the ar
rival of the Santa Fe train from the
north.
1t win be recalled that shortly after
the filing of the report of Charles "
sanford, as referee In the suit which
Mr. Bursum brought against the ter
ritory for settlement of his accounts
as superintendent of the New Mexico
penitentiary. Prichard, the then attor-
ney general of the territory, and Spe-
cial Assistant Attorney General Orms-
by McHarg filed list of exceptions To
the report which professed to find a
number of flaws in II.
AT the time 1t was contended by~
publications engaged in defending
| Prichard, that the attorney general
had written the exceptions himself
on the other hand. the impression got
Iabroad that Mr. McHarg had written
| them and had induced. Prlchard to
consent to filing them after a certain
/ amount of difficulty The impression
/ Is now current again that the excep-
! tions were written by Mr.. McfIarg. In
this connection there Is therefore Of
more than passing interest In the an
nouncement by Attorney General Fail
that Mr., McIdarg has given notice Of
the withdrawal Of his appearance IN
the case
There will be no star chamber
proceedings in connection with this
/ matter" said Attorney General Fall
kthis evening. This hearing Is going
/ TO be IN open court and any one who
wants to ask a question wifi have the
opportunity to do sor
The attorney general Indicates that
he intends TO conduct the office and
exercise the functions Of attorney gem
eral Of New Mexico In his own way
while he Is holding the office.
The hearing tn take place I'm Silver
city FRIDAY Is upon the exceptions
alone. II is expected that these ex-
ceptlons will be disposed of during
the day. The exceptions which were
/ filed during July are as follows;
In the District Court of the Third Ju-
dcial District Of the Territory Of
New Mexico. within and for the
County of Socorro.
Holm O. Bursum. Plaintiff. VI. the
Territory Of New Mexico. Defend
ant No. 5173. 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 Phd Ormsby McHarg, It's attorneys,
and excepts to the report Of the ref
cree herein, and for grounds of exeep-
ton to said report shows TO the court
the following:
That this court Is without jurisdic-
ton to hear and determine the ac-
counts OF the plaintiff herein.
II.
That the referee herein did not ap-
point time and place for the hearing
of evidence In this case. and did not
give notice in writing to the parties
hereto OF the time and place for hear
ing the evidence In this case. as re-
quifed by law.
III.
That said referee was disqualified
to act as a. referee under the provls-
ions of the law of the territory Of New
Mexico. IN tltis matter, and particular
" to act as such referee under the
provisions of chapter Is OF the ses-
sion laws of the thIrty-seventh legis-
latlve assembly Of the territory OF
New Mexico. ~ 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
duties as such referee according to
law.
That the report Of the referee here
in Is improper and Irregular In form.
and does not conform TO The require
ments Of law IN that Il falls to recite
the order of the court. ordering such
reference and appointing the referee.
and that It does not reclie the notice
10 the parties Of the tioe and place of
stating the account or taking the tes-
timony, nor does the same accompany
the report Of the proceedings or the
testimony taken before said referee.
v
That the report OF the referee here
In does not state an account between
the plaintiff Holm O. pursum. and
the territory OF New Mexico. as re-
qured by law.
VI.
That the report of the referee here
in does not show that ne has made
Findings of fact as the basis of his re-
port but that said report Is argumen-
tatlve In form. and partisan IN char
aeier.
VII.
That the referee herein. ~ shown
by said report. ignores the order Of
the court and did not consider all
items ~ account Of plaintiff entered
/ into between him and the territory Of
New Mexico during the time he was
superintendent Of the territorial penl-
tentlary. nor does II show that he com
sldered items which should have been
properly made items of account and
erroneously and illegally, omitted by
The plaintiff from the books OF said
penllentiary while he was sunerlnlon-
dent thereof
VIII
That The referee herein has failed