Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-06-19

be- court ruled otherwise holding char
hpIp was mo- authority 20 employ dp.r
Mites. ant compensation could on
lp made for visits personally mndn
The hnnl Judgment WAS entered .u
uis ease on the lo.h da, of October
1905. and the amount paid
ON the luh dan of April 1905.
charges were made ani filed by f. "
lancN the i1.u district attorney
with Governor OtcIo asking for the
cmoval of mF-.it a- treasurer spcci.
lying d. following grounds
First Thar l. as treasurer. paid
ouf 81 unu of The moneys ip NY
hands collected tor the current eX.
rpusc- @ 1.-THE wear l9ui IN paying cur
ron. oNpcuscs OF fhr year 1908.
second That !. as treasurer and
collector paid $500 on warrants
uuRu bv the school suporinicndcnt
lu. school desks. etc. when the super
inl'ndeul had NO right to draw orders
ioH such purpose
Third Z hat D us treasurer and col
lcc'or paid our on similar warrant
Jon condIctiug county school inst.
fWoe. $2l1. and mat There were no
munoNs Ia m, hands properly applied
blc to such purpose
Fourth fha' Illegally retained
fnnn aH commissions on moneys col
looted rom liquur ana gambling II
C'nscs. when was not entitled tu
commissions for collecting su.u
muucNs
Firth That !. AZ county school .E
p,riuicnd,nt charged for visits ma I'D,
lN deputies employed by me to Wn."
visits. aud not made hv mo person.
uly
Ou August 3lst 1905, Governor
Otoro made nm order removing mc l.
treasurer aud collector OF thc cuuu.
al Bcrnalillo, and appointed Justo lr.
milo to that office.
ON January gih. 1905. The county
com uissiuncrs at licrnalillo conn
instituted an action against me tO ..
cover fees on liquor and eambliut %
louspF collected There was q hrarul
before lhy court on an agreed aiW.
mont %. facts. ana Tho district cour'
entered Judgment against me AZ au.
peal was taken 10 The supreme court
aud the Judgment OF the disiric' court
WAS affirmed ON The 2eth of Juno
1906 The opinion IL in e. New M.X.
.at page $40
AlV reason for retaining this four
pcg cent on liquor and gaming licenses
was under The authority Of the solicit
tor general ol iho territory. who IN
au opinion filed hy him. held that the
ir,gsurprs and collectors OF IN, yari-
uus counties ui fhc territory we're en-
'ttlcd to collect ANA retain as fees aud
commission to.r per cent or liquor
Ia, -
ton. | desire tu state that m ~, sur.
crs aud collectors of tho various c0un.
tee OF me TERRITORY collected auI 90.
tanned this four per cent, ana Nhou
this action Was brought against me
TO recover the amount alleged to have
been Illegally retained other .roasur
ors and collectors In The various couu.
lies Of the torritor, assisted that |
should test the question. ana they
contributed to the pas mCui of the a..
torncy~' fees for testing the same
ON me 2nd ddy %; NaN 1900. r
W clancy instituted mandamus pro
ctedIngs AGAINST me TO compel INC 20
! pay his quarterly salary. upon I'll"
ground that /. a. treasurer and col
hector had improperly paid ONT tho
money!. SUN retained 'hcm in con.
/ temptation ol law. as treasurer and
collector Tho altcrnariy, VIII WAS
made poremptory aud tho case so.
pcalod 90 The supreme court exported
! in A. New NoNiyu M PAGE 50 the
supreme CONT affirming The decision
OF thp lovUI cont upon ths ground
thar Tine IDcur' showed that Their,
veto efficient funds ON hand 80 paw
, th, ,IHm uud hl' 5, was valid
claim ib, court non having PASSED o.
| ua iu. anon .hr merits.
ON september 18TH. 1908. IN crder
! Go sustain wN .Iah'a as treasurer ana
! collector and to resist my unlawful
! icW.l.l uN Governor Oiorn. upon al
vice ul counsel. Z Instituted an action
a.piusf Iu'o Nruiio rho governor 4
| Wpomfor 'n restrain him from In
! t'rtcrin. With tbo oiliCa OF irrusur,
land coIlc,tu. uIcN the domur,l
. uiuj Pos AImiio he district court
without passing uu thr governor s
! right tn rp move. sustained the dCmur
/ rel uuou the distinct ground that tho
com. noull Ouly uuulr, into the Wi
| ihorl'N ui fh' governor 'o appoint Hu
| onicDr $40 direct proceeding ot 0ul
| Narw'u and ia any other proceeding
! th, CONT aus bound 70, thr command
q. the GOVERNOR appointing an officer
THIS ease was uiilguyd lN 'h' sll
| promc count being reported w I.
I Now Mexico. a' page l>a
ON October 36th 1905. likewise up
/ on advice ul counsel brought an ac
ton aenHs, lu-ro Almiio. the gov
'tnui appointyc 10 restrain hin
! from opening the ,au. of tba ,r,asu.
co. and collectors office aud acilr.
4 tho books This causo was decided II
-Hc same manner and upOn 'Ic -aWi
around. 1s me sui, OF Septcmbel lGl
1uuN, r.fnTrod fo
ON Sontcmbot eath 1908. nm indi,'
mont was found D., .hr Grand hu'
H11lu-t nue. CHARGING mc with en-
/ hClllcWoul uuuu the ground thar
r.uscl 10 turn over me money 10
| I'M. hand fO lusto NruiIu. 'ho govern
/ Oh appoirf.r 2 was cuntondiul an,
/ .n.lsfIu. 'hut my r,W0,Hl was illcsal
U .ho Eovornur's appointoc had no
D.. 'I fu DO, office and therefore ha,
lru riebl 100 the uads This caus,
/ $40. HI,u on December 21rd 1905