Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-02-22
House Member Ordered Ar
rested by Speaker Reiier-
ales Charge Of improper Dis
position of Contingent Fund,
SECURES TRANSCRIPT
OF COURTS DECISION
His Attorney Cites Rules Of
Lower Body Of Legislature
to Sustain Contention That
Action Was UnwauaOted,

ACllOll was UllWdl dllltul
Estate Capital nurcnu Of Morni.E iuurnni.l /
santa Fe, Feb. ALA hint oi addi- /
llonai developments in regard TO the
contingent fund of Slhoo handled by 7,
me speaker Is contained in siatc-
ment made hy Representative William |
r.. Blanchard this morning after he
had been released from the custody
uf the scrgcant-ut-Hrms OF the house,
forgiven hy the speaker and was Ia
his seat ln the house. The statement
was made 20 several newspaper men.
II ls as follows.
q have not much TO say al present
but I ana not Withdrawing anything
thu ] have already said. ! believe
that $500 appropriation was ILLEGAL
and that the money can, and probably
Will. be- recovered for the state"
blanchard was released this morn
ing about 1880. after having been in
custody some nineteen hours cor there
about Tie was arrested Yesterday
afternoon Sy order of the speaker ana
later released on his own recogniz-
ance. lIe prayed FOR "a writ of hnb-
cas- corpus which WAS guntcd, mud
which WAS rctmnahlo this mornins.
After herring the petition read hy
ghe plnntns attorney G. g. calron,
and after questioning Martin scrrano,
thr sererant-at-urms who made The
arrest. tho court ruled that Blanchard
WAS ounAtruotNeA under arrest ANA
ordered him released Mr. blanchard
and his attorney who ia also q mems
Ter of lhp house testified az 20 cef-
tain events which transplrcd yestcr-
day afternoon
blanchard waited Tor q transcript
81 the courts ruling and ~ the cvi-
denee offered ana then went back To-
the house. accompanied by O. come
mlttee of two appointed hN the house
Ia escort him This committee wns
composed of Mossrs Coonoy aud
Nichols. who were named after Mr.
cooney had made brief speech at
the opening of the session nrging that
Mr. blanchard Dee brought back into
the house and the incident forgotten.
After this Speaker Haoa said that
he forenvc Mn Blanchard, ana the
committee left They found Mr.
blanchard at the court house, and he
made them wait for him until he had
got the transcript Of the record aud
then accompanied them huck. when
they got 20 the house he went In and
sat down Mr. Cooney marched up in
front of the speakers desk and re-
ported that the committee had dis
charged It's duty and that Mr. Blanch-
ard Nns then IN his seat
Speaker Baca said he was welcome
lack aud that ail the privileges Of the
floor were now hts That ended the
Incident
At the hearing Mr. CatrOn read the
petition for writ ana also the return
of itsmade hy sefcrinu Baca, dep
mN sherin. which showed that n had
tcen served this morning at l.l1.
o'clock "Our contention is, ho said
f'that there ,,as NO authority Tor this
arrest. ana an the writ calls for is|
fnat the defendant produce some au-
thority for making IT,"
sefranu vas placed on the stand
aud at this point the court ordered a
record ~ lhc proceedings 20 be kept
The record nf the court proceedings
Follows
State 80 Sew MeNcn County Of santa
Fp ia the District court
In rr Position Of William y ilanch-
ara for Il writ OF Habeus Corpus.
This cause haNlnH come on for
hearing before the Hon p. & Abbott
judge of the First Judicial District off
the state of Now MeNico this 2ist
day of February a. y 1919, the fol-
towing proceedings were had, to-wit
scferlno Baca sworn as Interpreter
by the court
Martin Serrano, having been sworn
bv the court testified as Follows.
Questions by the conrt
q. You may proceed. Mr. Selrno
and state the circumstances of the Wr.
rest Of Mr.. Blanchard and under what.
authort, you hold him I'm custody
A. arrested Mr. Blanchard hy orr
der of the speaker | turned him
loose on his own recognizance uuil l0|
O'Clock toda, 20 appear and appear
before the house ana see what they
can do
q Have you any warrant for the
arrest
a 80. sir.
q Was There any resolution Of the
House of Representatives under when
the speaker Wns acting
a no, sur
ny Mr. Calron { would like TO ask
Nh scrrauo ono question
ly the Court Proceed.
q Where ana YOU arrest Mr..
Mr. Serrano
A Inside of the House of Repre-
sentativrs
q AZ hls own seat2
At Yes.
By Mr. catron. That Is an desire
t. ask him.
ggt. A