Albuquerque morning journal., 1907-07-02
Put Out of Prison Office by
Mounted Police Acting Under
Orders Of ], W, Reynolds,
Governor Pro Tenn,
PROCEEDINGS IN QUO
WARRANT0 PROBABLE
Prison Superintendent Given No
Opportunity for an Account
ing or a Receipt for Public
Property in His Charge,

Especial Dispatch to the Morning JOurnaLl
Santa Fe. n. M, July 1,-Captain
Arthur Treford was forcibiy eJected !
from the territorial penitentiary TINS
morning by members of the mounted
police force, acting under the orders
of Acting Governor j. W. Raynolps'
who instructed them to see that Ifel-
ford was put out of the prison and
that Marion Littrell, of Colfax county
was placed in chargeR
When Mr. Littrell and his prospect
i've assistant r. C. Garrett, appeared
at the prison accompanied py the
mounted police, Trelford, who ques-
tions the right of the acting Cover
nor to remove him without a hearing
by the penitentiary commission, re-
fused to give up the charge of the
pcnitentiary. He was then told by
the mounted police that he would
have tofdo So and acting on advice
of his counsel he refused to go from I
the prson on his own accord. He was
then taken in charge by Captain For
noff, of the police force. and one OF
his men, and removed from the Of
flee. Mr.. Littrell and Garrett DelnS
placed in charge.
Early this morning Mr.. Littrell ana
Garrett drove out to the penltenlary
and notified Treford that they were
ready to take charge. Trelford, actlhs
on his attorneys advice, refused 10 ae-
liver the prison, handing the CoiiaA
county man ~ written communication
in which he made formal refusal Lit
trell and Garrett did not attempt 10
take possesson, but drove back TO the
CITY. where they notified the acting
governor that Trelford had declined
IA surrender the prison Captain
Fornoff and Lieutenant John Coliler'
Of the mounted police, were then IN
structed to accompany Lttreli auu
Garrett to the penitentiary and see
that they were put in charge. Itel-
ford again refused to leave Voluhta-
rilv when the mounted police APP
peared, and while he used no VloieHee
whatever he merely refused 70 49, 49,
voluntarily and required the oIlie'i'
to take him out of the room
Captain Trelford's letter to MT IL
trell is as follows
New Mexico Penitenuary, santa fc'
\. NJ, July 1, 1907. :. :,
Hon Marion Iittrell, Santa Fe, \ M
Dear Sir: Acting upon the auNiNT
of my attorney. Richard II. Hanna
ann under the necessity of declining 10
recognize your appointment as super
intendent of the New Mexico penlteh-
tiary for the following reasons 10
wit: r4 re
First while recognizing that nv
legislature, by its act, appfoVeu reo
ruarv Is. 1899, vested the po"e
removing the superintendent ~ ,a
penitentiary and appointment oi nr9 nso
successor in the governor OF thc otat
,.itory thereby amending section ofol
,eStbe compiled laws of 1897, undef
Itch those mowers could not pe SO
evcrcised nevertheless such power VI
ron,ovaI. on the part of the governor
l. limited by the statutory right given
60 tho superintendent for heaflllt
hefore the penltentiary commission
ers. which is a part of sectloh S4go ~ -
tbe compiled laws of 1897, ana Is aS
follows: - - any s,i.
.intendent or assistant superlhtth
lent the same shall be done i.I iol
cause. and all charges agalhSt =,
shall be made IN writing, oil Whlen Whle..l'r ~
shall have due notice ana an oPPGI,
tunity to make his defense pelote ,H,'a,s 80
board of penitentiary coIh!tiss'of of tb,
second that the intention OF w
,.t.fatnre To continue in full lorc
and effect the foregoing provision y
antton 34Ab. as quoted, is to pe pr
s,,,ned from the fact that there eNis,
~ eneelfic repeal of the SAID sectlo
a9os which. as quoted. amounts 10 u
. oF's' ,han reasonable limitation o
~ rtabt of removal existing IN "
a,,arrnr and the intention OF the leh
hfsIat,,ra In this respect, can ne iul
tber arrived at by conslderins '"a
there is no repeal OF seetlon ofeg =
the compiled laws OF 1871 Wnne
said section provides for tne Ha''n, n,,,'a,
of hearing charges against lhe sup
intendent as follows: 80,
osectlon s499. The board OF pen
.tIerv commissioners shall haN
saucar and II shall be their duty,
var,ine and inquire into all matte 81
annspted with the government y.
.t,ilne and police of said penltehlial
Ia the punishment and treatment
nrlsoners; they shall inspect thtIl, +,
san ~ any complaints OF oppIesss
~" .,,fsconduet on the part OF the p
ol.t.,toaaent ol or any other employ
inder him, and for that purpose !.
nresldent or any member,0i the poa'
l,a,tih acting under the direction
s,td hoard. shall have power 70 re
sabnoenaes and compel attehaanes !,
witnesses and to admlpisteF oa's, ss,,,n
The legislature, whlcn - ~,
q "a hive knuWttuEN. " 80 -. :
.he statute books, having mace h9
,iaat az the foregoing section 90
which provides not only the means
tnvestleatlon into the chafses,
niso giyes certain court functions
the board to enable It 70 suceessiu
csrry on any investigation, mus mus
ea esssmed to have intended that
,aaer Of removal. vested IN me +
arnor. should be reasonably lnlteu
.ha reauIrement to show cause 70
and that an arbitrary exereise OF ~
nawer might not result.
Thlrd By reason OF the faet thae
cbarees In writing have been maae'
which | have had any due hotlee'
,~ enpnrtunfty Of defense 70
s"ch charges afforded me before
beard of penItentlary comm iisslos'
Nh an the contrary The order OF
naval. having been based upon z
,,art by the attorney general, Nh
r,as not. as to IFS findings, borne
~ tht evidence brought before
attorney general. aad though ! olie
sa'lntroduee evidence In defense OF
charges dealt with By the prosecute