Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-24

company. OF colorado Springs Col,
that the question as to whether or nor
"a certain report made by the said
Colorado Title ana Trust company
upon the accounts of the plaintiff as
superintendent OF the New Mexico
penitentiary Is correct Is not an issue
in this cause; that said report of said
Colorado Title and Trust, company
was not offered in evidence In This
catfse and constitutes no part Of the
record herein and is not before tho
court upon the hearing of the excep-
tipns to the report of said Referee
Stafford ana that any judgment which
may be rendered IN this cause. II the
said report Of said referee be ap-
proved and confirmed In whole or IN
part shall not be construced as pass
ing upon the correctness on incorrect-
ness Of said Colorado Title and Trust
cOmpany's report, but as treating all
reference 10 said report by the said
Stafford as not within the order OF
reference or the issues Ia this cause.
This stipulation to be filed and be-
come part 0f the record in this
cause
tsigncd) w. NJ DOUGHERTY.
Attorney for Plaintiff
tSigned) ALBERT y. FALL.
Attorney General OF New Mexico.
(Signed) NELL y. FIELD.
Attorney for Colorado Title and Trust
co.
Judge ParLcr's Decree
Judge Parker's decree upon the
Stafford report is as follows.
Judgment of the Court.
In the District Court of the Third
judicial district of the Territory Of
New Mexico, Within and for the
county of Socorro
Holm o. Bursum. Plaintiff, W. Terri
tory Of New Mexico. No, 5i73
This cause coming on for hearing
upon the report Of c. V. Sanord. Esq.
and upon the exceptions heretofors
filed TO the said report by the defend
ant. the territory of New Mexico. and
Il appearing that upon the completion
OF his investigation. the said G. V.
Stafford. Esq, filed a detailed repor'
in writing herein, together with an the
testimony taken by him, and that the
said report states an account between
the said plaintiff. Holm .. Bursum.
as eX-superintendent Of the New Mex
leo territorial penitentlary and the
territory OF New Mexico. covering the
period OF his several terms Of office.
commencing on the 18th day Of April.
1899 and extending up 60 ana in
cluding the 18th day Of April.
1905. aud that the said referee has
made am findings OF fact necessary
10 show the basis of his report: and
comes now the territory Of New Mex
leo. by as attorney general A. r.
Tail, Esq, and comes the said plain
tn. hy his attorney. n. NJ. Dough-
ertv and "a hearing mad upon the ex-
Coptipus filed to the said report Of the
said referee. and the court being duly
advised. it is hereby ordered adj
judge ANA dccroed that each and
ill the said exceptions 60 the said
report Doc and the same are hereby
lVerrulcd.
And be further appearing from an
examination If the report uf the said
referee chat he has found an books
,f original entry which were kept
Turing fhe period that the said Holm
u. Dur.um was superintendent Of tho
iald territorial peuitenuary and has
made his nndings therefrom and
rom the testimony introduced before
him. and it appearing further from
Doe said report that after allowing
200 just credits and debts that the
iid referee struck "A balance thcreil
md fnut the territory OF New Mex
eco. ih. defendant herein. Is justly In
lohtrd to The said plaintiff Holm -.
'ureum Ca the sum Of 2s3g2.G6. T.
urfhrr appearing from the slid ir-
port that the said referee has not
ttempted tp include the receipts aud
I.hur-fments of any funds, although
I.ufrurary funds. tho actual pos
.afuu uf which never came INTO the
hands of the -gprrinfendcut pariic-
ilrly the salary fund. the general
maintenance fund. the permanent ina
,roTemsnt found. the penifeniiary IN
.oms fund and the scenic route func.
which, we've paid o. the treasurer aud
'rann out by warrants by the audi
ar on vuuchers approved hy the
.nard ~ penitentiary commissioners.
10 part 30 which funds were handled
a. The sune nerintendeut in cash ur ~
quIt.r lruf- except ue % those paris
II said fuuas that were drawn rs con-
iuetuf exucnee hy the sureriniend-
nf md pHi1 ia the credit oi cpnNict
afanrs COR expended as contingent
,,nl. and as % $40 az those funds cN-
.naf such funa- 81 were drawn as CON
neenf espcnee. nnthluE in this ludE-
nrnf Is in ans manner g. D. taken
= driermining or passing upon th@