Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-09-24
Colorado Title And Trust Company
Had No Proof to Sustain Its
Experts Report
Stipulation Not to Submit Same Proves This Decision of
Court Fully Confirms Referees Findings
Decree of Judge Parker.

III the uldlH lue COWdTuly COuSpiI
acy to ruin H. o. Bursum chairman
of the Republican Territorial Central
Committee and mayor of Socorro
politically, financially and personally
by the fake reform machine and un
der the Hagerman administration
which had been going on for yeaI
and over, and was recently closed by
a decree in the case of Holm 0. Bur
sum versus the Territory of New
Mexico, in which was involved the
charge that Bursum as superintendent
of the Territorial penitentiary for
seven years, was guilty of embezzle'
ment, malfeasance and misfeasance IN
Office and in which suit the court held
upon the report of Referee Charles
V. Stafford that the convicts' earnings
fund of the prison administered b.,
Mr.. Bursum, had been properly and
honestly administered and that the
sum of $4,333.66 was due to Mr.. Bur
sum, had many serious phases.
1t is we'll established and believed
by the vast majority of the people
of New Mexico that the entire power
of the recent fake reform administra
ton was used to undo Mr.. Bursum
and to make him out an embezzler
and a defaulter This was serious in
all truth and soberness. 1t must be
remembered that the only charges
against Mr.. Bursum were in connec
tion with the convicts' earnings fund
as no other monies for the mainten
ance of the penitentiary ever came
into his possession.
The following is the decree OF the
court
Judge Parker's Decree.
Copy
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,
and upon the exceptions heretofore
filed to the said report by the defend
ant, the Territory of New Mexico, and
it appearing that upon the completion
of his investigation, the said c. V.
Stafford, Esq, filed a detailed report
in writing herein, together with all
the testimony taken by him, and that
the said report states an account be-
tween the said plaintiff, Holm O. Bur
sum, as ex-superintendent of the New
Mexico territorial penitentiary and
the Territory of New Mexico, covering
the period of his several terms of of.
flee, commencing on the 18th day of
April, 1899, and extending up to and
including the 18th day of April, 1906,
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 Mexico, by
its attorney general, A. B. Fall, ESQ.,,
and comes the said plaintiff, by his
attorney. H. M. Dougherty, and a
hearing had upon the exceptions filed
to the said report of the said referee
and the court being duly advised, it
is hereby ordered, adjudged and de-
creed that each and all the said ex-
ceptions to the said report be and the
same are hereby overruled.
And it 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
0. Bursum was superintendent of the
said territorial penitentiary and has
made his findings thereform 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
tudI lHC LCllAIOly VI NCW MCAiCo, thC
defendant herein, is justly indebted to
the said plaintiff, Holm O. Bursum in
the sum of $4,333 .66,it further appear
ing from the said report that the said
referee has not attempted to
include the receipts and dis
bursements Of any funds, al
though penitentiary funds, the
actual possession Of which never came
into the hands Of the superintendent,
particularly the salary, fund, the gen.
eral maintenance fund, the permanent
improvement fund, the penitentiary in
come fund, and the scenic route fund,
which were paid to the treasurer and
drawn out by warrants by the auditor
on vouchers approved by the board
of penitentiary commissioners, no part
Of which funds were handled by the
superintendent in cash or its equival-