Albuquerque morning journal., 1907-07-04

Especial Dispatch to the Morning Journal ]
Santa Fe, y. NJ. July 3.-Attor-
ney General George w. Prchard to-
day refused to grant the request of
counsel for Captain Arthur Trelford,
asking permission to use the name of
the territory in an action in the ma
ture of quo warranto, by which Trel-
ford's rights in the penitentiary i'm
vestigation" farce might be heard in
open court.
The refusal of the attorney general
to allow the quo warranto proceedings,
which. under the existing law, rests
entirely with him, caused no surprise
here, where the general opinion has
been that Prichard feared to go into
open court with his Trelford report, -
or to go anywhere else with IT, where
both sides might be fairly heard. But
the manner of his refusal and the let
ter accompanying II, form one of the
most extraordinary episodes In the Of
fetal history of the territory.
Prchard virtually denies the petit
ton Of Trelford for the quo warranto,
on the ground that Trelford is a ma
tive of Kansas and therefore has no
rights under the laws of New Mexico.
His letter to Trelford's attorney says
so almost in 50 many words.
IT Is we'll known that Trelford Is a
legal citizen of New Mexico and q tax
payer in this territory Yet Prfchard
bases his refusal on the sole ground
that Trelford. having come to this ter
ritory from Kansas, has no rights un-
der laws made for the government and
relief Of citizens of New Mexico.
Prichard's letter forms an official doc
ument which Is likely to become clas-
sic. Run to cover by the persistence
of Trelfords attorneys in their effort
to get any kind of fair hearing for
their client. he merely uses frankly
and openly his autocratic power to
prevent his report on TrelfOrd and the
investigation" on which II Is based
being taken into court whore the light
may be turned on them. and the whole
petty farce exposed to the public
gaze. The attorney general and the
men behind him. fearing to go into
open court, have apparently determin-
ed 10 brave 1t out and to let public
sentiment and private rights take care
of themselves as best they may. The
letter Is one of the most interesting
examples the people Of New Mexico
have had of the attitude OF the men
whom Prlchard represents, toward the
rights, public and private, of the peo-
pie of the territory.
The feeling here is that aside from
all legal technicalities and verbiage, II
Prlohard had felt confident OF his
findings I'm his "repOrt" against Trel-
ford, he would have allowed the quo
warranto action to proceed. His re-
fusal to do so Is taken to mean that
the attorney general has had all he
wants Of the penitentiary "investiga-
tion."
Prlehard bases his refusal TO grant
the desired permission on the ground
that Trelford had had an opportunity
to Introduce evidence In his own be-
half, and had "failed TO do So" The
facts surrounding the opportunity
Trelf0rd had to introduce evidence
are too we'll known to need repetition.
The attorney general has refused 10
allow the courts to hear Captain Trei-
ford's case.
Following the receipt Of Prlchard's
letter refusing the permission Tor the
quo warrantO proceedings, Attorney H.
H. Hanna. for TrelfOrd. addressed n
letter 20 the acting governor. IN which
he briefly reviews the penitentiary
"lnvestlgation" and other events, IN
cludlng the forcible election of Trel-
ford from the prison. leading up to
the attorney generals letter. This Mr.
Hanna characterlzes az Fan autocratlc
power--unknown elsewhere In the
United States or territories"
Mr. Hanna lays bare the whole pltl-
ful farce Of the penltentlary investlga-
tim with It's accompanying charges
and causes. and IN his reference 70 the
attorney generals remarkable letter.
goes straight 20 the root Of the matter,
The letter OF Attorney General
Prichatd denying Mr. Hanna permis-
sion to bring quo warranto proceed
lngs on behalf Of MT Treltord' iq'-
lows.
Territory OF New Mexico, ofilce o.
the Attorney General. Santa Fe' n.
NJ. July 3. 1901
Mr.. II. II. Hanna. Attorney for Arthur
TrelfOrd. Santa Fe, n. NJ,
Slr:-YOur favor Of the second
Inst. IN which you request use Of
the name of the territory IN an infoT-
nation IN the nature Of a quo war
ranto 10 try the title Of the office of
superintendent of the New Mexico
penitontiary. 10 be entitled. Territory
Of New MeNlcps fN ret Afthuf lFfi-
ford Va. Marion Llltrcll. has been rc-
celved. Your reference To the mode
Of procedure and the causes tnat CONE
polled the acting governor % remove
Mr Trelf0rd a. superintendent 0f
the penltentlary ~ purely gratultious.
For proceeding on Information in
the nature of a quo warranto the IT,
tie af the office Is involved simply
and not the procedure grounds ul
causes that led the governor 20 act in
the premises. YOU are advised that
this office does not believe that II II n
the interest Of the territory Or 10 M
people to permlt a citizen Of Kansas
or any other state TO use the name o