Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-19
IN
B j RS j N
MATTER
10 BE HEARD BY JUDGE
PARKER IN SILVER CITY
Anyone Desiring to Ask QueS-
tons May Do Soi No Star
Chamber Proceedings, Says
Attorney General Fall,
Especial Dispatch % the MornIas journal,

NttOlllGy O6ll6ldl dill,
Especial Dispatch Z, the Morning. JournaI.I
Santa Zee, n. NJ sept ts-Attoruey
General 4. r. Fall today announced
that he had served notice on SpecfaI
Assistant Attorney General Ormsby
McHarg, r. +. Holcombe. Neil Il.
Field and H. NJ Daugherty. ATTORNEYS
IN The ease of II. O, Bursum w tho
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.
Frichard, would he heard before
Judge Frank w Parker In omen court
at Silver city on next Friday Septem-
her 18TH, Immediately after the ar
rival of the Santa Pc train from the
north
It viii be recalled that shortly after
the filing OF the report Of Charles V.
/ Stafford, as referee In the suit which
MT Bursum brought against the ter
ritorV for settlement of his accounts
MS superintendent OF the New Mexico
nenitentiary, Prichard, the then attor-
ncy 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,
AZ the time Il was contcnded by
publications engaged In defending
Prchard, that the attorney general
had written the exceptions himself
on the other hand the impression got
abroad that Mr. McIarg had written
them and had induced Prichard to
consent to filing them after certain
amount OF difficulty The impression
Is now current again that the excep-
tions were written by Mr. McHarg. In
this connection there Is therefore of
more than passing interest IN the an
houncement by Attorney General Fall
that Mr. McHarg 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
this evening This hearing Is going
10 be In open court and any one who
wants to ask a question will have the
opportunity Co do So"
The attorney general Indicates that
he intends 20 conduct the office and
exercise the functions OF attorney gem
cral of New Mexico IN his own way
while he Is holding the office.
The hearing TO take place In silver
city Friday Is unon the exceptions
alone. II Is expected that these ex-
ceptions viii he disposed Of during
the day The exceptions which were
filed during july are as follows:
In the District Court or the Third Ju-
diclal District Of tho Territory Of
New Mexico. within and for the
County OF Socorro.
Holm Q. Bursum. Plaintiff vs. the
Territory of New Mexico, Defend
ant No. 5173. Exceptions to Ref
crec's Renort.
Now comes the defendant the ter
ritory OF New Mexico. by George w
Prlchard, the attorney general tnere-
OF, and Ormsby McHarg. rs attorneys.
and excepts TO the report Of the ref
cree herein. and for grounds Of excep-
tion to said report shows TO the court
the following:
l.
That this court is without iurlsdic-
tion 10 hear and determine the ae-
counts of the plaintiff herein.
H.
That the referee herein did not ap-
point a time and place for the hearing
N evidence in this case and did not
give notice In writing 10 the parties
hereto OF the time and place for hear
Ing the evidence in this case. as re-
Iuirod by law.
That said referee was disqualified
10 act as a referee under the provis-
ons Of the law Of the territory of New
Mexico lH this matter and particular
y to act as such referee under the
provisions of chapter 10 Of the ses-
lion laws Of the thlrty-seventh lcgis-
ative assembly of the territory Of
New Mexico, in that before entering
mon The taking of the testimony and
ioforn making his report herein. the
aid referee failed 30 take. subscribe
ud nio an oath in said cause On the
fleet that he would discharge his
utcs as such referee according 10
tw.
"
That the report of the referee here
l is Improper and irregular In form.
nd does not conform 20 the require
rents of law in that % falls 90 recife
boz order of the court. ordering such
sforrnrc and appointing the referee.
nd that 10 does not rcCite the notice
, the parties ~ the tice and place OF
sting The account or taking the tes-
mnuY. nor does the same accompany
boz report of the proceedings or the
.stimony takrn before said referee.
That the report of the referee here
does not state an account between
.r plaintiff. Holm q. Hursum. and
boz territory 81 New Mexico. as re-
iircd by law.
VI
iNNN fNf NFNNNNh Ni NNf HtAFlff N''Nf
does NOT show that Do has made
ndlngs nf fact as the basis 81 his re-
lrf bat that said report is arEumen-
tive in form and partisan In char
tier
VII
That the referee herein. as shown
alid report. Ignores the order ~
o. court. and did not consider All
rms ~ account - plaintiff entered
fn heft,asn him and the territory ~
sw Mexico during the time he waS
pcrinfendenf uf the territorial peni-
nffnrv nor does Go show that be con-
icred Ifems which should have been
onarlv made Items nf account, and
renoansfv and illegally omitted hN
. nf4fnfiff from the books of said
nifenfiarf while be was superinien-
ni thereof
VIII
That the referee herein has failed
fully discharge his duties a. ref
ae ln that he has not reported ail