Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-09-27

Mandamus Writ to Compel
State Treasurer to Show
Cause for Refusing High.
way Bond Investment.


The controversy between state
rfeasurrr 9. n. Narson and the gov
ernAr secresnry of state ana attorney
eenefai over the Investment 81 some
4f2o.o1o 81 stale echOoi funds II -Four
per cent state highway bonds u the
feeens ssao aee lesue f. 70 BE- passed
apon ~ sbe Supreme court 90 ap-
pllcntion 81 the attorney general ou
behalf ~ hlmaelf. the secretary n
state and governor. an alternative
writ ~ mandamus has been iaaued
reiurnahle October 3. requiring she
treasurer 90 invest the school moneya
90 the bonds or show cause why he
should NOT % 20.
Mr. Marion was not IN the City to-
dag and could not be Interviewed on
fhe matier We announced SOME time
ago thas ne Wonld siord ret arf wis
prepared % 80 into court u necessary
Nr. Marron holds ihat e would hP
Improper for him 10 invest the moneys
In securities bearing considerably
tower rate ~ Interest than thry afc
earning now The writ Ia az follows.
The state Of Ncw Mexico. 20 Gwen
y. Marion. state Treasurer. Greet
ing:
whereas. the said state Of Ncw
Mexico. by its attorney general, has
given our supreme court % under
stand and bo informed that you. the
said owen n. Marion. arc the stntc
treasurer Of the said state ~ New
Mexico ana have been such state
treasurer from the time ~ the orr
SANITATION Of our state government 60
the present time: and that YOU, 90
such state treasurer, hate IN Your
possession and under your control
the permanent school fund Of the
state az New Mexico. me principal 81
which fund n. hy section OF artirle
XII ~ the CONSTITUTION 81 New Mex
leo. required 40 be Invested IN bonds
81 the state or territory Of New Mex
SEQ. or Of any county, city town.
board 81 education Or school district
therein. although the legislature may.
hy three-fourths vote 81 the mem-
beers elected 10 each house, provide
that such fund may be invested IN
bonds ~ the state or territory ~
New Mexico. or Of any county, city,
town. board Of education OF school
district therein. although the iesisla-
ture may. by a three-fourths vote OF
she members elected 10 each house.
provide that such fund may be IN
vested In other interest bearing se-
curities. but All bonds or other Sc
curitias. in which any portion ~ said
permanent school fund shall BE- IN
vested, must be- first approved by thc
governor. attorney senerai and Sec
Rotary OF state; and that you are
keeping the said fund On deposit ~
banks In the state of New Mexico
without any approval by the govern
or, attorney general and secretary -
state. and against the distinct disnp-
proval of said officers who have no.
tified you that they approved Of the
state highway bonds as q proper IN
veffment az the said permanent
school fund and that they would not
approve any other form OF invest
ment. and that YOU have refused and
stiil refuse 90 invest said permanent
school fund IN the said state highway
bonds, and declare your intention ot
continuing the deposit of said funds
IN banks as aforesaid. notwithstand
ing the dlsapproval OF the said soy-
ernor. attorney general and secretary
81 state. pvete,.ding that such deposit
IN banks Is an investment la such
manner ~ will satisfy the provisions
OF Joint Resolution No. IA Of the
second session Of the state leeisla-
ture
Now, therefore. you. tho said owen
~ Marion. state treasurer az afore-
said. are hereby commanded forth
with "a invest the permanent school
fund. now in your possession and
under your control IN the state high
way bonds of tho state Of New Mex
leo. which Investment has been APP
proved by the said governor atlor-
ney general and secretary ~ state IN
accordance with the requirements oi
section 2. Of article XII, of the con
stitutlon 81 the state, or that YOU
show cause VIII. sou have not done
80 before our said supreme court at
the capitol in the city of Santa Fee
on the second day al October. 1913.
and hereof fail not
Witness the Honorable Clarcnces ~.
Roberts. chief Justice OF the supreme
court Of the state Of New Mexico,
and The seal of said court this 25th
day Of September. 1913
(seai) JOSE H. sENA.