Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-04
TRIfIFORD AGAIN ASKS
RNlNOLDS FOR SQtARE DEAF.


Upon recent Of the attorney gem
erals letter this afternoon Mr. Hams
| forwarded the following cpmmunloa-
Ton to ActingGovernor Raynolds.
Santa Zee. n. NJ. July 3. 1907
Hon. j, W. Reynolds. Acting Gov
ernor Santa Fe. n. NJ.
Sir:-l am today in receipt pf u
letteu from She attorney general u
which he dec limos to anord ,fr Trcl-
/ ford the privilege Of filing a suit IN tho
nature OF quo warranto for hs nur-
pose of trying the title TO the Office
OF superintendent Of the Now N s'.,'o F..
penitentiary. lnasmnch as the district
court OF this district has decided that
the attorney general was vested with
Wide discretion IN such apnlcatiops
uluef Hif law, Win WassA dlgrrft .nfsal
the court would not Interfere we nnd
u necessary 20 again appeal to A-ou 90
use your influence with the attornna.
general that we may be Afforded some
opportunity, ana the only one. now
open 60 us. of having our legal rights
passed upon. 1 enclose herewith a
letter from the attorney general, to-
gcihcr with my letter to him, In which
are set forth the grounds upnn which
We base the legal rights of Mr. Trel-
ford. should the attorney general
porsist I'm HIS refusal 60 allow "a 10
test the matter In court bV ouo wa
rantO proceedings. we are in the posi-
ton of having been haled hcfore a tii-
bunal without sanction of law. AMI
caused TO submit 10 an examination
without being furnished with snccinr
Information as 90 the charges claimed
to bc made. eXcept that the attorney
generals rcpnrt informs us that you
directed him 10 Investigate the "rcpor.
IN the territorial press. particularly
the Santa Pc New Mexican of Iunc g "
which referred To- rumors of eN-
trcme harshness and cruelty in IN
treatment OF prisoners nracticed hv
the present authorities Of the terri
torial penitentiary" and after lend
ing our assistance In such examination
and bringing out ample proof ON
cross-eNamnation OF the three Wit
nesscs, offered 10 show the worthless
ness Of the rumor and the renort "
the New Mexican, etc, we are directed
10 put IN "a defense, and connns ou-.
selves 10 nine witnesses, named hv thc
attorney general. and 90 allow ih-
defense 20 be mapped ont hv him
and other things Of similar nature
But declining 20 be placed in q falsr
poslticn by attempting q defense tu
which such wide latitude WIS permit
ted, we appealed 10 YOU. and asked -
be- afforded some opportunity Of inter-
posing defense that would show an
ne true situation. and YOUR answer
was the ATTEMPTED summary removal
n Mr Trelford who persists in claim
ng that the law gives him u right o.
hearing before the board ~ COM
u iSsipuers. ana that certain other To-
gal questions were involved lev the
natter. SO that it became ncccssar,
.or YOU tu order your police officers
u eject Mr. Trelford from hts office.
lsiuE all the force necessary. which
Dee captain Of the police did. without
warrant ur other evidence uf author
a. save his statement OF your order
ma tht necessary brute force Now.
ttrr nll the foregoing facts hail
iunspir-d. wee respectfully requested
hp permission 1f the attornsy general
90 hrins suit that the rights OF MT
rc'furu might bc passed upon hv
h' court being met with a denial or
De-" rights of citizenship in that re-
Uttt lu this connection we would
tate That Mr Trclford IS both a elu-
IN and taxpayer Of New MeNtrt
ud not citizen Of Kansas despite
D., contention of the attorney general
Q the connection, though the Question
z citizenship has NO legal ,ignincance
nafpNer tu the question af Issue. fr
'e are without legal rights n hc
1ings commended for hy us. neither the
'rfltnfN mon the republican party
an be- harmed Dos permitting us in
esort Co thc courts for 90 judicial le.
arminniion of the several questions
lNolved. on the other hand. 30 Nr
ave rishr. claimed by us Hud wr Hf
cnied thc privilege sought. wc submit.
1at nn Hutocraur power h1s hoen
nmrd that D. unknown cIsaWhar. Iu
be- entire United States or terrltufI.f.
r Glazing . raI yeur attention o. -...-
on 81 the organic act of New MrN
'u. which declares your duty tn hs rr
pillows. And shall tIke care fnH
b. laws De- faithfully executed Nr
snteud thar the best authority uu in
le question of whether or n0t The
.we are h,Ing a3 the present tim"
ifthfullv sEeeuted i@ the courts su1
lat opportunity should be AFFORD 70
le courts 90 pass upon the legal ques-
ons now involved ICE the present core
-fksrsY. unless thf executive branch
our government has ceased fn hc
coordinate with the judicial W. ase
luf early attention. consideration au1
.Ifef Respectfully Enurs.
RICHARD ~. HANNA.
Attorney Tor Arthur Trcrnrd