Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-19
EXCEPTIONS IN
BIZ N
NATTER


Continued from Page I. Column -
the evidence In said cause that wa,
obtainable. and has heard testimon,
only on the part Of the PLAINTIFF.
~.
That the referee herein failed ana
refused 10 hold said case open to al.
low the defendant to offer evidence IN
its behalf, although requested So Ia
do, the time not having expired within
which said referee was required bS
law or order OF the court 10 make his
report. and the said referee HAVING
been advised that the defendant de-
sired to offer evidence in It's behalf
touching upon said accounts.
Y.
That while the order and decree Of
this court authorizes n directs the
referee herein To inquire into all mat
tiers, transactions and negotiations re-
lating TO the official acts of the
plaintiff. as superintendent of the
New Mexico penitentiary. from MAY +.
1899. to April IL. 1906, the referee. as
hown by his report herein. has failed
and neglected to inquire into the
transactions. or the receipts or dis
hnrsements Of the said plaintiff as 10
the general maintenance fund Of said
penitentiary.
XII
That said referee. as shown by his
report herein, has failed and neglect
ed to inquire into the transactions. or
the receipts and Disbursements of said
plaintiff as to the permanent i'm
proyemcnt fund ~ said peuitentiary.
XII.
That said referee, as shown by his
report herein, failed and neglected to
inquire into the transactions. or The
,.aafYFr an1 feAa4ru.pr1tF ~ ..s4
plaintiff As to the penitentiary ipcnme
fund or the scenic route fund Of said
institution,
XIII.
That said report does o disclose
the in which said mainte-
nance or permanent Improvement
fund. or any other fund herein named.
or any part thereof. was received or
disbursed. nor for what purpose said
fund was expended.
XIV.
That while said report purp0rts to
deal with what IL termed "Conviets'
earning fund" and the transactions,
receipts and disbursements of money
connected Herewith. II Is not a cor
rect and complete report. In that:
ta) The credit for additional SER
Vices for s4.625.s5 is assumptive and
without proof to sustain the same.
(h) That the credit item Of miseel-
laneous expenditures for $3.92S.29 Is
unexplained and without proof to sus-
tain the same.
(c) That the credit item number
49, amounting TO $500 does not an
pear from the report Of said referee
10 have been ~pronerly charged against
the plaintiff on the books OF the pen
itentiarv.
fdl That the credit item number
"S" for $6TT-23 does not appear -
nave been %pronerly charged against
plaintiff on said books. according TO
said renort.
balance due by Women's Board of
Tvade is not explained nor sustained
by the nroof.
m That the credit item number
"l6" for freight. amounting 70 S265.
is not explained. nor does said Item
appear to be sustained by the proof.
tg) That the brick furnished the
Young Mems Christian association Mt
Las Vegas is not. but should be
charged against the plaintiff.
(h) That the item Of $3.50 for ma
terial furnished the city OF santa Fe
not appear to be, but should be
charged against the plaintiff.
wv.
That said report, in its material
parts. is a report of the conclusions
81 tuf i'iti'tt ~ ~ "
the facts.
That said report does not appear 70
be a correct and complete report. snch
as calls for the judgment of this
court.
XVII.
That the paper writing. dated Santa
Re. New Mexico. July 10. 1907, adj
dressed to Honorable Frank w Par
ker. Associate Justice Of the Supreme
Court of the Territory OF New Mexico,
and Judge of the Third Judicial dis
trict thereof. p%urporting to be a re-
port Of G. V. Stafford. referee. Is not
entitled in the cause, and Is merely
a letter to Judge Parker. and Is in mel
serse q report OF the referee. as re-
quired by law, which. in or6er 10 CON
a formal report as required by
law. should have been entitled in the
cause. and addressed to the our and
To a Justice thereof. and should
o lso have been filed with the clerk Of
the said court.
XVIII.
That said court is without jurisdic-
ton to hear or try the said entitled
cause. for the reason that the statute
entitled. AN act relating 20 the sot-
Of accounts IF public Off
GERS" II. r. 1888; law by Limitation
March 10. 1907. under which the
court assumes jurisdiction or ms
cause. Is unconstitutional, and. there
fore. void.
Therefore. because Of the exceptions
above set forth. the defendant praNs.
az That said report be rejected.
and especially the items Of credit
above referred to.
t2l That said report be set aside
absolutely. and the case re0pened IN
AN particulars for the Introduction o.
evidence.
(3D That a new investigation be or
dered herein.
"a That this cause be again re-
ferred TO a referee for further proof. /
ana report I'm the premises.
G. w. PRICHARD. |
Attorney General and Attorney for
Defendant.
ORMSBY M'HARG.
Attorney for Defendant