Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-03
DECLARES HE is READY TO
BRING SUIT AT ANY TIME
Facts in the Case Remove Supports From Under the Ony
Argument Offered in Support of Extraordinary Features
Incorporated in Council Bill No. g. Aimed to Protect and
Assist the Official Holding Public Money
Bursum may get immediate vlndica-
1.

Bursum may get immediate vindica-
ton, IL he can.'
shortly after the appearance of this
statement by the attorney general MIR.
! Bursum, through his attorney. paid
back to the territory more than 5000
shown by the accounts of the prison
to be due from him. He had pre-
viously paid back to the territory a
considerable sum. Even after the
payment of these sums there were
still large amounts believed to be due
to the territory from Mr. Bursum, and
1t has been generally known that the
attorney generals office has been
ready to institute suit at any time.
Asked today as to the statements
being made by friends Of Bursum in
defense of council bill 65, and its un-
usual provisions. that the territory
had refused to bring action in court.
so that there might he an immediate
adjudication of the penitentary af-
fairs, Attorney General Reid said;
"Thc territory has ALWAYS been
ready to go into the courts tO1 have
the accounts between the territory
and MIR. Bursum adiudiCated. Copies
Of letters which | have sent to Mr..
Bursum show that we have always
been urging, on behalf of the terri
tory. !, settlement Of the accounts. I
have not dressed the matter for some
weeks past for the reason that the
pcnitcptiary commissioners passed Il
resolution providing for another ex-
DCIr 10 examine these accounts, and
! am waiting until that Is done. be-
IieVC after such expert does go over
a.. fI,. ii
hapS he settled without any suit. How
ever ii Mr.. Bursum desires suit !
am willing to file one within the next
few days
In view of this statement by the
attorney general and the well-knoWn
attitude of the territorial authorities
throughout the progress Of the peni-
tentiary investigation, the effort to
create the impression that Mr.. Bur-
sum has been denied speedy adjudica-
ton of his affairs in the courts falls
very Flat.
Territory Anxious for Hearing.
1t is intimated tonight that an i'm
mediate action upon the penitentiary
accounts would be welcomed by the
territory. and that the form of the ac-
ton does not very much matter, so
that a full, complete and unprecedented
showing may be made of all details
in connection with the muddle found
in the pententiary accounts upon
Mr.. Bursum's retirement That the
territory has been prepared for such
an action for months is well known,
and the statement of the attorney
general shows clearly the reason tor,
non-actiOn.
The method of procedure laid down
in council bill No 65, as it now STANDS,
however. is pointed out as a method
which would allow the official whose
accounts are in question to make ms
showing and secure an adJudlcatloh
thereon. without giving the territory
or county opportunity for an equal
showing. The official may bring an
action for an adjudication under TINS
act, but the territory or county may
not. The adjudication is made final
50 that no future showing may be
made by the territory or county, no
matter what developments might oc-
cur. The bill, as it stands, would, II
is asserted by the ablest lawyers IN
New Mexico. open the way to all man
ner of abuses upon the part of un-
scrupulous county officials whose ac-
counts might be subject to suspicion.
made under the name of the courts oI
New Mexico. Even with the eXtraor-
dinarv provisions which have been
eliminated from the bill, such as the
provision exempting bondsmen II
stlll contains provisions which are rec
ognized as vicious and which would
operate directly in favor Of the OIL
fetal holding public money ana
against the territory or county:
Just what is the nature OF the
amendments which it is understood
will be offered to this bill. 1t not
known tonight, but 1t is known that
they will seek to alter the bill from
a measure aimed to assist a single in
diyidual in an action against the ter
ritory, into a law which will provide
a form of action fair alike to official
and government, whether territorial
or county. and 1t is difficult to see
as sentiment on the bill stands to-
night. how such amendments can fan
of approval by the legislature.