Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-02-27
Manuel Sanches y
Sanches' Removal
Upheld.
SYNOPSIS OF OPINION
Official Was Removed on
Charges of Official Mis-
conduct.

A total of fifteen opinions of more
or less Importance were rendered at
the session this week of the Supreme
Court Of New Mexico. Or this number
eight affirmed and seven reversed
the judgment of the trial courts, the
latter cases having all been remand.
ed for a new trial pursuant with in
structions Four affirmative opinions
were handed down yesterday after.
noon prior to the adjournment Of the
court until August 81, as was mention
ed in last evenings New Mexican. OF
the four cases in which opinions were
rendered yesterday probably the one
of most general interest to the public
Is In the case Of the Territory of New
Mexico VS.. Manuel Sanches Sanches
who was removed from the Office Of
sheriff Of Torrance county on charges
of Official misdemeanor." Sanches ap-
pealed from the Judgment of custer
dispossesslng him of the sheriff's Of.
fee, with the result that the higher
tribunal sustained this decision.
History Of Case.
The quo warranto proceedings were
brought under section S44 of the Com.
piled Laws of 1897 based upon a
sworn statement by Captain Fred For.
noff, head Of the territorial mounted
police, in the district court of Tor.
rance county. The defendant was
charged in this sworn statement with
habitual and wilful neglect of duty,
of gross partiality, of oppression, Of
corruption, Of extortion, and wilful
maladministratlon as sheriff, eight "in.
stances of such official misdemeanors"
having been specified. The defendant
asked for trial by jury on the al.
legations which was granted by the
court, and he was tried In 1907. AT.
ter the evidence had been submitted
the court, upon the motion of District
Attorney Clancy directed the jury to
return a verdict for the plaintiff as
to the charges contained in paragraphs
numbered one, four, six, seven and
eight of the complaint and for
the defendant as to count
three of the complaint" The
second and fifth charges had been
dismissed on motion of the plaintiff.
AS to some OF the acts charged in
which the verdict was against the de.
fendant, according to the phraseology
of the opinion. "H appeared that as
alleged they occurred before the be.
ginning Of the term of Office in which
the defendant was serving as sheriff
at the time the complaint was made
and the trial had, but within the next
preceding term of the said office which
he held for that term. 1t also appear
ed that in specification numbered one
the defendant was charged with doing
that which was punishable as a Grim
inal offense, If it was DONE A judg
ment Of removal from office was enter
ed by the court and the cause is here
on appeal from that judgment.
Associate Justice Ira A. Abbott who
handed down the opinion which was
concurred in by all of the other col
leagues on the bench with the excep
tion of Associate Justice Edward A
Mann who was disqualified because he
presided at the original trial. discuss
es the salient points in the case In the
following syllabus:
Synopsis Of Opinion.
Under the provisions OF Sec. S44 oI
the Compiled Laws of 1897, justice
OF the peace, constable or sheriff II
removable from Office for official mis-
demeanors' committed by him while
holding the same Office In preceding
term, at least, If there has been no in
tervening term held by another.
"The fact that an act by such an Of
ficer is punishable as crime doe'
not affect his liability to removal from
Office for the same act.
Whether by the terms of Sec S5t
of that statute one accused and or
trial under 1t Is entitled to trial b!
jury, quaere, but, If 1t is accorded tx
him by the court, 1t should be con
Quoted as in other similar judicial pro
ceedings.
"A proceeding under the statute IL
question insofar civil cause In 1T
nature, that the trial court has tn
right to direct verdict against tn
defendant, II the evidence would wal
rant such a direction in civil cas-
and II the facts thus found, or any 0
them, constitute as a matter Of Law
any one Of the grounds for rennova
enumerated In the statute to enter
Judgment Of removal"