Deming graphic. (Deming, N.M.) 1903-1948, 1907-07-26
HAS CONSULTATION WITH
FORMER ATTORNEY GENERAL

V Sldlc Nhetncr OF not YOU wrote
any letter TO the attorney general in
response to the letter demanding the
payment of these amounts.
\. Yes, sir | did
q Kindly produce copy Of such
letter, II you have IT,
,liere witness produces copy of let.
ter which is offered in evidence. and
which is hereto attached. marked FIX.
hibil g.
q State what steps II any. were
taken by your attorney in meeting the
said demand.
\ Under my instructions nv al.
torney Immediately went to Santa Fe
aud interviewed the attorney general
who has sent me demand for about
SS,3S2.5s aud upon my attorney reach.
ing there he demanded the sum OF
Sl2415.3& IN addition thereto. but I'm.
ally conceded that these amounts
We're not legally due from me. and
lnsistsd upon the payment VI S2I7O.3S.
This amount my attorney paid into
the treasury protesting this amount
OF any amount whatever VAS not due
81 owing and that the same had been
unlawtully demanded. aud paying the
same under protest and expressly aud
fully reserying all rights aud remedies
therein
q Have you copy Of the re-
Ceipts? And a copy Of the additional
demand which was made upon your
attorney?
A. Yes, sir.
q Kindly produce them.
Here witness produces copy Of re-
ceipt aud copy Of the additional de
mand which is offered as evidence
and which is hereto attached. marked
Exhibits , and $ respectively
q What steps, II any. did YOU sub
scqucntly take to have an adjustment
of Your accounts made?
\. During the sixty days following
the date OF the payment to the Terri
torial treasurer. which | have men
Toned. my time was very much occu
pied with reference 10 matters con
nected with the Territorial election
! which occupation was caused by rea
son Of holding the position Of chair
man OF the Republican Central Com
mi,tee Thereafter the Legislature 1t
session at Santa Re passed hill emit
tied An Act relating To the settle
mcnt of accounts Of public officers.
which bill became law upon the l4tl
day of March. \. d. 1907. The pas
sage of this bill was bitterly Tough
by Governor Hagermau aud everyon,
connected with him aud friendly t,
his administration within and withou
the Legislative Assembly In order (,
prevent me from securing judicia
accounting. The bill finally passel
aud the records show that the Coy
ernor refused 10 sign the act, al
] NhohSH Ht dlNNtu " W utNOlllt INV
by limitation, after having learne,
that more than two-thirds OF the Les
lslature favored It's passage and whicl
majority could not be broken by tn
usual conniVance which had thereto
fore been pursued by Governor Hagel
man, Upon the 10th day Of March q
said year instituted suit for tn
settlement OF my accounts being thl
: proceeding
Q. Then, II understand you. in
mediately upon the passage OF Ia,
permitting the court to judiclally pas
: upon the question Of your account,
and while Governor Hagerman wa
still In Office. YOU filed this suit ash
ing for an immediate adjudication an
, auditing OF your accounts for the el
tire period that you were superInten,
q. ent Of the New Mexico penitentiary?
A, Yes. sir; and wanted all OF m
accounts TO be investigated, thos
. upon which the statute OF Limitation
had run as we'll rs the new accounts