Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-24

company, Of Colorado Springs, Col,
that the question as to whether or nor
a certain report made by the said
Colorado Title and Trust company
upon the accounts of the plaintiff as
superintendent of the New Mexico
penitentiary Is correct IN not an issue
I'm this cause; that said report of said
Colorado Title and Trust company
was not offered in evidence in this
cause and constitutes no part Of the
record herein and is not before the
court upon the hearing of the exeep-
tions TO the report OF said Referee
Stafford; and that any judgment which
may be rendered In this cause. II the
said report OF said referee be an
proved and confirmed in whole or in
part. shall not be. construed as pass
ing upQn the correctness or Incorrect
ness of said Colorado Title and Trust
company's report. but as treating all
reference to said report by the said
Stafford as not within the ord,A. of
reference or the issues in this cause.
This stipulation to be filed and be-
come a part Of the record In this
cause
(Signed) H. NJ DoUGHERTY.
Attorney for Plaintiff.
(SignedD ALBERT r. FALL.
Attorney General Of New Mexico.
(Signed) NELL h. FIELD.
Attorney for Colorado Title and Trust
Co.
Judge Parlcr's Decree.
judge Parkers decree upon the
Stafford report is as follows:
Judgment of the Court.
In the District Court OF the Third
judicial district of the Territory of
New Mexico within and for the
county Of Socorro.
Holm O. Bursum, Plaintiff, vs.. Terri
tory of New Mexico. No. 5173.
This cause coming ON for hearing
upon the report of C. v Stafford. Esq,
ana upon the exceptions heretofore
iiled to the said report by the defend
ant, the territory of New Mexico. and
II appearing that upon the completion
Of his investigation, the said c. V.
Stafford. Esq, filed a detailed repor.
in writing herein. together with all the
testimony taken by him. and that the
said report states an account between
the said plaintiff, Holm .. Bursum.
as ex-superintendent of the New Mex.
leo territorial penitentlary and the
territory of New Mexico, covering the
period OF his several terms of office.
commencing on the 18th day of April.
1899 and extending up to and in
Guiding the 18th day of April.
1905, and that the said referee has
made all findings of fact necessary
to show the basis of his report; and
comes now the territory of New Mex
leo, by Its attorney general, A. r..
Fall, Esq, and comes the said plain
tif, by his attorney, H. Nj. Dough-
erty, and a hearing had upon the ex-
ceptions filed TO the said report Of the
said referee, and the court being duly
Z "A a L.
judge and decreed that each and
all the said exceptions 10 the said
report be and the same are hereby
overruled
And II further appearing from an
examination OF the REPORT Of the said
referee that he has found all books
OF original entry which were kept
during the period that the said Holm
O. Bursum was superintendent of tho
said territorial penitentlary and has
made his findings therefrom and
from the testimony introduced before
him, and It appearing further from
the said report that after allowing
all Just credits and debts that the
said referee struck balance therein
and that the territory Of New Mex
leo. the defendant herein, Is Justly in
debted 20 the said plaintiff. Holm o.
Bursum IN the sum of S4.333.66, /.
further appearing from the said re-
port that The said referee has not
attempted TO include the receipts and
disbursements Of any funds. although
pententlary funds. the actual pos
session OF which never came into the
hands Of the superintendent. partlc-
ulariy the salary fund. the general
maintenance fund. the permanent Inn
provement fund. the penitentlary IN
come fund, and the scenic route fund.
which were paid to the treasurer and
drawn out by warrants BY the audi
tor on vouchers approved by the
board Of penitentiary commissioners,
no part Of which funds were handled
by the superintendent In cash or It's
equivalent. except as to those parts
of said funds that were drawn ns con-
tingent expense BY the sunerlntend-
ent and paid to the credit OF convict
earnings 81 expended as contingent
funds. aud az % all Of those funds ex-
cept such funds as we're drawn as eon-
llnGent expense. nothing In this lndE-
! mont Is In any manner 20 no takeu
az determining or passing upon he