Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-26
Interesting Document Filed Before Judge Frank w.
Parker in Third judicial District, Mr. Ormsby
McHarg, Special Assistant Attorney General Of
the United States, Appearing for the Territory.
ASSERTED POWERS HIGHER UP
CAUSED PRlCHARD TO MOVE

The Morning Journal presents be-
low the text Of the exceptions recent
ly filed by the Hon. George Washing
ton Prichard, attorney general for
New Mexico, in behalf Of the territory.
to the report Of Referee Charles ".
Stafford, in the case Of H. 0. Bursum
against the territory in which Bursum
sues for an accounting of his affairs
as superintendent of the territorial
penitentiary.
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 faet that appearing with the
Honorable George Washington Prizes
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 ais attorney for the territory.
III spite of denials which have ap-
peared in the Santa Fe New Mexican
in Santa re, It is still persistently as
serted in the capital that Attorney
General Prichard did not take his ae-
tion in fling the exceptions very will
ingly but that he was urged to do so
by powers higher up, which he found
1t inconvenient to resist. The ap-
pearanee Of Mr.. McHarg in the filing
of the exceptions tends to confirm
this statement The full text Of the
exceptions follows:
In the District Court Of the Third Ju-
dieial 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 517S. Exceptions to Ref
eree's Report.
Now comes the defendant the ter
ritory Of New Mexico. by George w.
Priehard, the attorney general there
of, and Ormsby McHarg, its attorneys.
and excerpts TO the report Of the ref
cree herein. and for grounds of excep-
tlon TO said report shows to the court
the following:
I.
That this court Is without jurisdIc-
tion to hear and determine the ae-
counts Of the plaintiff herein.
H.
That the referee herein did not ar
point a time and place for the heari z
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-
qulred by law.
III
That said referee was disqualified
10 act as q referee under the provis-
ions of the law Of the territory Of New
Mexico IN this matter. and particular
ly 10 act as such referee under The
provisions of chapter is OF the ses-
sion laws OF the thlrty-seventh legis-
iative 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
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 % the require
menta Of law IN that Il fails 10 recite
the order Of the court ordering such
reference and appointing the referee.
and that u does moi reelte the notice
20 the parties Of the time 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.
".
That the report OF the referee here-
in does not state an account between
the plaintiff Holm O. Bursum. and
the territory OF New Mexico, as re-
aulred by law
That the report Of the referee here
IN does not show that he HAS made
findings 0f fact as the basis Of his re-
port. but that said report Is arguman-
iaflve In form, and partisan in char
VII
That the referee herein, as shown
bv said report Ignores the order II
the court. and did not consider Al
items of account of plaintiff entered
into between him and the territory d
New Mexico during the time he wa
superintendent Of the territorial pent.
feniIary. nor does ltshow that he con
aldefud Items which should have beer
properly made items Of account. ans
erraneausly and illegally omitted n
the plaintiff from the hooks of sall
penlgtnllary while he was superinten
dent thereof
VII
That The referee herein has falles
t. fuiy discharge lis duties aa ref
cree. in that he haa not reported Fl
the evidence Ia saId cause thai Ha