Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-11-22
Mann DEFACTO
DISTRICT ATTORNEY
So Rules Attorney General
Clancy and SO Admits
Removed Official
DAM IN THE ARROYO HONDO
Territorial Engineer Approves
of Irrigation Project in
Taos County.

( --N~1 "@NN ~+ASNS u tiNeoN LII wal u "a lhdulI
is prima facie entitled to recognition
, as district attorney for Bernalillo and
Valencia counties vice George w.
Klock, removed by Governor Mills but
who is making fight to retain the Of
fee He however, admits, that the
attorney generals ruling is correct,
for he intends to bring quo warranto
proceedings against Mann, which is
an admission that Mann is In posses
sion of the office. Attorney General
Clancy's opinion follows:
November 81, 1910.
Hon. Alfred Grunsfeld,
Albuquerque, N. NJ.
Dear Mr. Grunsfeld
l have this morning received your
letter of yesterday and hasten to an
swer. You ask whom, in my opinion,
the board of county commissioners
should recognize as district attorney
in the view of the probable conflict be-
tween Edward A. Mann and George S.
Klock as to which one is entitled to
the office Under the decisions of our
supreme court in the cases of Eldodt
v. Territory, 10 N. NJ AS, Conklin V.
Cunningham, N. M. 455 and Hubbell
V. Armijo, IS =. . NJ. 400, there appears
to be no doubt that Judge Mann is
prima facie entitled to recognition as
district attorney. In the two earlier
cases the court upheld the right of the
newly appointed officer to the assist
ance of the court by way of manda-
mus to get possession of the office up
on the ground that his commission
office and must be recognized until
oyerthrown or set aside by a proceed
ing brought by the former officer to
test the title to the office. In tne later
case the attempt was made to obtain
an Injunction against the appointee of
the Governor to prevent his exercis-
ing the duties of the office and the |
court held against any right to an in |
junction, although, as you are aware, /
in later case, brought to test the
right to the Office, the decision was /
in favor of Hubbell and against Armi-
jo.
At the present time, under these de-
cisions, l am clearly of opinion that
you ought to recognize the last com
mission from the Governor as entit-
ling it's holder to recognition as dis
trict attorney.
Yours truly
FRANK w. CLANCY. l.
Attorney General.
Report of Travelling Auditor.
From the government printing Of
flee have been received one thousand
copies of the report of the travelling
auditor and bank examiner, Charles
V. Stafford for the past fiscal year. 1t
is a condensed and concise and ex-
tremely valuable compendium of terri
torial county and municipal finances
and is invaluable to every student of :
New Mexico affairs. To the press it !
should furnish suggestions and data :
for many an editorial explanatory OF !
the financial management of the COM {
Il
Governors Annual Report. Is
The report of Governor Mills for the
past fiscal year, of which the New
Mexican made extended editorial men s
ton yesterday, is probably the last I
report of territorial governor to c
be published 1t gives a comprehen- |
sive resume of every branch of gov
activity and a birds eye ,
view of the progress the Territory
has made A thousand copies have
been printed and it will prove valu- s
able in newspaper offices and to those
seeking accurate information about
New Mexico
Irrigation Project Approved.
Territorial Engineer Vernon L. \
Sullivan today approved the water A
lights application of Charles L. Craig :,
md Fletcher M. Lund of Taos for a 4
project on the Arroyo Hondo, tribu- h
;ary of the Rio Grande in Taos coun- =
", to reclaim $50 acres. A dam so T
eet high, 60 feet long at the bottom u
ind ITS feet at the top, making res
,rvoir of 65 acre feet capacity is to G
oe built and to be filled six times in
spring, five times in summer, three q
ines in fall and once in winter This Z
application is approved provided that z
'ame shall not be exercised to the "
letriment of others having prior valid q
lights to the use of water of this
stream system including the filings
made by the U. s. government in con- y
lection with the Elephant Butte pro-
ect.
Off With a Requisition.
Captain of the Mounted Police Fred l
Tornoff left this morning with a re. a
Iuisition for William B. Quinlan at c.
1ordell, Oklahoma, who is wanted at n
'ocorro on the charge of having Sc
ured a carload of horses and having D
allied to keep his promise to pay for
hem.
Mounted Policeman Rafael Gomez
o 'ay reports having turned over r.
o the Cattle Sanitary Board four b.
orses, to Jose Arias two horses, and OF