Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-07-01
TRElF9RD INSISTS ON F0RC|BLE EJECT|ON--lI lITTRELL
ASSUMES CHARGE
Baby Act Of No Effect. ..Incipient Revo-
luton Nipped in ud---Lawful Com
mission Of Governor Must
Be Obeyed.

The removed penitentlary superln'
tendent, Arthur Trelford, upon the
advice of his attorney this morning
defied The law and because his coun-
sci informed that he was much
bigger" man than the lawfully con
stituted authorities Of the Territory
Of New Mexico and that he was much
more powerful than the law which
created and established his Office and
under which Acting Governor James
w. Reynolds performed the solemn
and serious duty of removing Arthur
Trelford from the position of super
intendent OF the penitentiary for the
benefit of the service, for the good
Of the commonwealth and upon proven
charges Of serious import after due
and careful investigation and report.
Superintendent Marion Littrell, The
newly appointed official to fill tho va
cancy caused by the removal Of Ar
thur Trelford as superintendent, quail
ified this morning by securing the ap
proval of his official bond in the SUN
of $4,000 by the proper authorities
whereupon he received his commission
as such superintendent from the Elk
ecutive in due form and proceeded tt
the Territorial penitentiary, accompa
MED by Assistant Superintendent r.
G. Garrett.
Refused to Turn Over Prison.
There he made demand upon he
former superintendent to turn os 81
the institution, that he, Marion lit
trell, the lawful and properly cua!iss ID
l,oficial might take immediate cha.is4a
To this, the ex-superintendent de
murred, again upon the advice of hi.
attorney, one r. II. Hanna He also
presented Superintendent Littrell witt
a statement lengthy and verbose, ir
which he set up the claim mat he was
not lawfully removed, that his case
was being investigated by the Boart
of Penitentiary Commissioners. tha
that board alone had the power of re
moval, that he had not had time tt
get the property Of the institution il
readiness for turning over and lo
of other stuff that in no way coul(
possibly justify and did not justify hi
denial to respect the lawful and le
gally issued commission of the Gov
ernor of the Territory and the appoint
ment of Marion Littrell as superin
tendent; the lengthy statement hat
nothing in it except trash, subterfug
and inuendo, and in no way can i
or does it effect the lawful order o
Trelford's removal from the postio,
of superintendent and the lawful or
der of appointment Of Marion Littrel
as superintendent to fill the vacanc,
by the Governor of the Territory.
Law on Subject Very Explicit.
The statute under which Trelford'
removal was made and his successo
appointed is contained in Sections
and 2 of the Session Laws of 1879
and reads as follows:
"An act +, amend section 349l Q
the Compiled Laws of 1897, and 70
other purposes. c. B. 80, Approve
February 13, 1899.
BE it enacted By the Legislativ
Assembly Of the Territory of Ney
Mexico.
Section l. That section 349l an
Section 1. That section thre
thousand four hundred and ninety-on
| (349D of the Compiled Laws of Ne0
| Mexico, compiled in the year 1897, b
and the same is hereby amended S
as to read as follows:
Section No. 3491. The genera
government and management of tn
| Territorial penltentiary shall be vest
ed in five commissioners who sla
, be called the board of penitentiar
, commissioners. Said commissioner
shall be appointed by the Governor b
: and with the advice of the Legislativ
: Council, for the term of two years an
, lhlnti their SUCCESSORS shall be al
pointed and qualified. They snail a
be appointed Immediately during tn
present session of the Thirty-thir
: Legislative Assembly and their term
of Office shall commence as soon a
their commissions shall be issued t
them by the Governor. Hereafte
} during eacn session of the Legislativ
: Assembly, the Governor by and wit
! the consent of the Legislative Cour
, Ecil, shall appoint the successors {
II said commissioners, whose terms {
Z office shall expire on the first day {
( March during such sessions, each &
whom shall hold Office for two year
. and until his successor Is appointe
> and qualified, but the Governor sha
have power at any time to remoy