Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1912-02-28
CUSTER AGAINST
c. H. VAN Stone
District Court Holds He Is
Not Entitled to Corpora.
ton Commissionership
JOERNS HEARING HELD TODAY
With Attorney Renehan as Coun.
Gil He Answers Governors
Charges.

In the case of the State of New
Mexico eX rel, o. L. Owen versus G.
H. Van Stone a decree of custer was
announced late yesterday afternoon by
Judge E. C. Abbott in the district
court. Upon the overuling of the mo-
ton for judgment interposed by the
counsel for the respondent the case
was closed, and it necessarily follows
that Judgment must be rendered oust-
ing the defendant Van Stone from his
office of state corporation commission
'er. The final judgment is now in pro-
cess OF preparation and will no doubt
be handed down some time tomorrow
This is a case of great importance and
will settle the procedure of quo war
ranto in New Mexico. Judge H. D..
Terrell of Clovis who appeared in all
the proceedings for the relator is be-
ing congratulated upon the result of
the case.
Upon closing the testimony in this
case, Neil E. Field, counsel for the re-
spondent, Van Stone, moved the court
motion was by the court overruled
and the case then submitted for final
Judgment without further argument.
The motion for judgment of the re-
spondent was based principally upon
the theory that proceedings by infor-
nation in the nature of quo warranto
under the common law of England
"a. D. 1710) as modified by the Stat
ute Of Anne, could be directed only
against officers of corporations. In
closing this question adversely to
the respondent Judge Abbott quoted
from case decided in the supreme
court of Wisconsin in 1S43, when Wis
consln was still territory, and when,
as in New Mexico, there was
no statutory proceeding in quo war
ranto but the proceeding was under
the common law, in which it was held
that the writ could be directed under
American institutions against all of.
hces forming part of the sovereign
ty of the people either legislative, ex-
ecntive or judicial. The court further
called attention to the fact that the
Owen VS.. Van Stone quo warranto
proceeding was instituted first in the
supreme court of New Mexico and
that there the question of jurisdiction
had been settled and determined by
the supreme court. and that further
it appeared from the opinion of the
supreme court in this case that they
had full knowledge of the facts in the
case as set forth in the affidavit of the
relator.
If the state corporation commission
does not object, Mr.. Owen will now
qualify for his position. If opposed
an action of mandamus may be nee.
essary. Mr. Van Stone is not in the
city and, though it is probable that
the case will be appealed, his attor.
neys have not announced his inten-
tion.
Reception for Mcdonald
On the occasion Of the visit of Gov.
ernor William c. Mcdonald to Las
Cruces on March 4th, a public recep.
tion will be given him by the business
and professional men of that city, ire
spective of party.
Seattle Police Get Reward.
The Seattle police have been paid
5000 reward for the capture of w. F
Buchanan, the Tucumcari banker
who is on his way to Santa Fe with
Captain of the Mounted Police Fred
Fornoff and Sheriff J. F. Ward tc
answer the charge of bank wrecking
Buchanan says his arrest is all a mis-
take and that he is certain to prove
his innocence. He had been president
OF the International Bank of Com
merce which closed it's doors shortly
after he had sold out his interest in il
tc Postmaster E. A. Carter.
The Joerns Hearing.
At two o'clock this afternoon. the
time set for the hearing before Gov
ernor Mcdonald of the charges agains,
travelling Auditor John Joerns Meth
er Joerns nor his counsel had put il
their appearance although Governor
Mcdonald was awaiting them. At
O'Clock a telephone message stated
tnat Attorney A. B. Renehan, counse
1or Joerns, was on his way in a car
riage to the capitol.
The hearing began at $3.50 D. m
Ihere We're present at the hearins
Governor Mcdonald, Travelling Audi
TOR John Joerns and Attorney A. 3
Renehan