Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-25
Mann OUSTED
As DISTRICT
ATTORNEY
MANDATE OF SUPREME
COURT IS PRESENTED
Judge Ira A, Abbott Issues
Order Excluding Governor
Mills Appointee From Privi-
IegeS and Use of Office,

Complying with a mandate Of the
supreme court. Judge Ira A. Abbott
In the district court yesterday after
noon issued a judgment Of custer, for
mally declaring Edward A. Mann on
unlawful usurper to the office OF DIS
trlct attorney for the sixth judicial
district. Mr., Mann was appointed dis
trict attorney by Governor William
]. Mills on November rs last year.
! Immediately after the governor had
removed George 5. Klock from the "
flee. Mr.. Klock contested the re-
moval, contending that II was done
without cause, and illegal. Under u
stipulation agreed 10 between cuun-
sci for Mann and Klock, the contest
was carried to the supreme couft
without a hearing in the lower court.
The supreme court upheld Mr..
Klock's contention, deciding that the
governor did not have the power to
remove him. The case was remanded
to the lower court, with the result
that q formal order oustlng Judge
Mann from the office was issued yes
terday.
Counsel for Mr. Klock contend that
he assumes the district attorneyship
automatically now and will continue
to hold office until 1t Is definitely de-
clded whether or not New Mexico wiz
become n state and until state gov
ernment is organized. This consen-
| tlon Is based on the language OF the
enabling act, which declares that
county and territorial officers shalt
remain in office until the organlva
| tion OF the state government. Others
hold the opinion, however, that Mr.
| Klock Is a district officer and not
county or territorial officer. Hnd
that the governor. should he so de-
sire. may appoint successor TO Mr..
Klock. whose term Of office expired
on March 2 Of this year. Counsel for
Mr. Klock maintain. however, that he
Is both county and territorial Off
Ger. In that he attends to both county
and territorial business and receives
a salary and fees from the county and
territory.
Under the terms Of the Judgment of
custer entered against Mr.. Mann yes
terday, Mr.. klock may recover any
costs he may have Incurred In CON
testing his removal by the governor.
The order issued by Judge Abbott
yesterday follows:
In the district court of Bernalillo
county, territory ex rel George $.
Klock, relator, versus Edward A.
Mann, respondent.
This cause having been heretofore
relnstated upon the docket OF this
court upon the presentation OF a
certified copy of the Judgment OF the
supreme court of the territory of New
Mexico. by which 1t appeared that tho
judgment of this court herein had
been reversed and the court hereto
fore, In accordance with the opinion
OF the said supreme court, sustaine.
the demurrer of said relator 10 sail
respondents answer herein and hav
ing heretofore required the said re.
spondent to plead over herein or To
show cause why Judgment OF custer
should not be entered against said re-
spondent; and the said respondent
having appeared specially at the re-
turn hour of said rule and filed OBJ
iectlons TO the jurisdiction OF the
court herein; and the said relator
now presenting TO the court here the
mandate of said supreme court re-
verslng the Judgment of this court
and remanding this cause TO this
court with directions to proceed here
In according To the opinion of said
supreme court; and the said respond
ent now advising the court that he
will not plead further herein, the
court, being FULLY advised in the pre-
misses overrules said objections and
grants the motion Of said relator for
judgment Of custer herein;
II is therefore considered. ordered
and adiudged by this court, In ae-
oordance with the opinion of the
supreme court that the judgment
heretofore entered by this court In
this cause be and the same hereby is
vacated and set aside; that the de-
murrer of said relator TO the answer
of each respondent be and the same
hereby Is sustained: and that the said
ltrFbuu'Hl mas uiiidWluliN unuIptu
and held the office Of district attor-
ney Of the sixth district attorneys dis
trict OF the territory OF New Mexicc,
as alleged by the relator herein; and
that the said Edward \. Mann D.
and he hereby Is ousted and excluded
from the said office and from exer-
eislng any OF the duties pertaining
thereto and the franchises and priv
lleges thereof, that the said relator
do have and recover of said respond
ent his costs in this behalf expended
to be taxed and that he have execu-
tlon therefor.
(signed) IRA A. ABBOTT,
Associate Justice and Judge of said
District Court,
March "a. 1911.