Albuquerque morning journal., 1907-07-05
~ 773F -
No Other Way 10 Explain the
Attorney Generals Quo War
ranto Refusal and Letter AC-
Companying It,
CURIOUS SIMILARITY
TO FAMOUS PRINCE CASE
Some Hard Legal Propositions
Aaent the AutocratiC Power
OF the Attorney General to
Defy the Law,


Especial Correspondence Msrning Journni.I !
Santa Fc. y. NJ. July 4.-The refu-
sal Of Attorney General Prichard 10 al
low the use of the name Of the ter
ritory to bring a proceeding 10
try the right Of Marion Llttrell -
the Office of superintendent Of the
penitentiary. recalls a case which
arose In this territory something over
ON February g. 1902, Governor
Otero removed l.. Bradford Prince,
who was then president of the board
oil regents of the Agricultural college.
Tho action oI Governor Otcro was not
considered legal by Mr.. Prince, who
had held the office of governor or thc
territory aS well az having been chlel
fu-tire Of the supreme court OF the
Territory. lie sought 20 obtain the
consent OF the solicitor general to
hiring proceedings similar to those
brought bV the attorney for Superin-
tendent Trelfprd but the solicitor gen
- oral denied him that privilege. n"
then sought, through the court -
fuyr m8ndamus directed TO the so
iicitor general directing him to allow
Tho use OF the name OF the territory I"
court held that II had no jurisdiction
lu the premises
The history of the case was pub
l,ehed in pamphlet form and on paSe
1s occurs the following: Even thr
worst enemies OF the solicitor general
nave not bcCn uukind enought 10 suE-
gp-t that he really thought that ms
decision was good law, Ihe ohly
reasonable explanation IS summed up
oft
time chat this Was q case ol felu7'
Wbn shan ea. that the decision oI
Tho attorney general iu The Treilufh
uoifer Was not q case oi refuse or
rasipuo" The cases are so similar
thui 30 would be difficult to point "ai
inv substantial difference
Ina commenting on his case, eN-Hoy-
arror Prince say. in the pamphlet. !
hav. 9rcpdcd tn the suggestion that
thn hisforv of this case should De
vripfcd bpcauge II seems 60 point s."
directly ip the necessity Tor leBisld .
linn o,thrr congressional or terrltor-
f,I tu correct the extraordinary ST.
nation which Is shown 10 exist.
"If the decision Of the judge is cor
rect. as Wc are bound TO presume thl'i
there i5 no law relative 10 apPoln'
Ueuts which the eXecutiv" need oo-
servo. I'M fact. there IS no use I'm nav
fnp amy such laws. because there ~
po way m which acts contrary TO theh'
can De- reviewed.
"If the solicitor general, who is an
,tupfDtpp Of the governor, mas IL ~
hii upvpr 10 say that hc VIII NOT per
uit "a process to bc brought 20 lr9.
unyrd at the pleasure OF the BoEeIili"l NJ
and n such refusal by the sVlIVlt'i
=. moral Is so entirely within MS so'%
49, ,t,t g,urt4 cannot COntl Ol
A. nr provide other means of altaln
loo fbs desired result. then, surely u
A. tina for legislation TO correct such
"a condition. ..,.,,,
90 porson appointed for a term
6v.d bv law at nve years, ana Cou-
nrrcd by the council for that teIII''
rgn. after the council ad1ourns' ue
moved an the pleasure OF IN esovs,et.iI5'
and someone Of his choice substllutcu'
tbeu there IS no use in having eslaD-
uh,d terms of office. or I'm providing
rnr confirmation by the council.
.f "A person, unlawfully remover.
r,.,,, an office. cannot get into court
80, rlr enough TO file an lnformatioh
,yhl,h will bring the facts before tne
Nudieal tribunal for investiesedSi9'ani;
without the permission oi an olllvi''i ol,,,
who g. tie creature OF the Eviy Ey'i sH,.. ~
.y.rutfvc that has made the lllegal
remedy by legislation mad.
"tf n person. who. by law Is mad'
t,,.tiothte to hold an ofhce, ls up
nnintcd in defiance Of that laW' aliu
there IA mo- way In which a pioceou-
ing 10 test his right 10 hold the olll,' .
r,ln evon be- instituted, much less pios,
..uted 20 "a decision. then II ~ oN'u'"'
that tho law is Of no value. .,
"If certain qualifications are es'uy
"a
h,Idlng Of certain offices. but person.
are appointed who do not possess SUN
nuoiidcntions. and there Is no way ~
,ghirh even 10 call in question theF
,.i@ht, 10 the Office: then the estaollsh
ment OF qualifications rs evidently
waste ~ legislative energy .....
"It IS "a legal axiom that wheheNsl
"A right exists. there " Jaw Va -"
foror f. and whenever there ~ =
,,.rone, there Is law 90 redress ~. Bus
nero ~ Gnd that n citizen having
iegai rleht 20 an Office, cannot en-
900 "A. and when wrongfully nf-
,.,t,.oa ~ such office he cannot on
t,ir redress. such an anomaly eVl-
IDENTITY requires legislation iof ll7 'o'
rerfion. A.. onen
FOR the hearing Of All matters ih M,,,'
the rights of property OF ihulV'vu' ''
- concerned. But here their doof.
,.sn be tightly closed. 80 tightly ma
even the court itself cannot open ,,l,an
themLby the veto on nj M. a. loo.
'Ii, Tho best lawyers In this city are ,,Il nn-
able 10 ind words 90 express 'nsli .r.l,,a..I W.,
,n,rt nt the proceeding IN the Itcilo'
,,,,tter IN the frst place. they argue
that when Superintendent Treliofd
nj fused 10 recognize the cominis-
sion of Mr. Littrell. the proper
,,v would have been 10 take
~ matter Into court where the legal
rirhis of Mr. Littrell. ~ he had any, I
coiiid have been established, Instead 0i I
nneisinr n place for him by calling on /
H. mounted police ~ throw out the i
enperlniondcnf. In the next place
they areuc that i NJ. Irehord mas
No rirhta n would do no harm a. les
linn prove ln court he has none. but n
Is ~. rlQhir he ought 40 be alluwe I
sn opportunity TO establish them
9v f Q =