Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-07-19
JUDGE MEDLER
RESTRAINED BY.
SUPREME COURT
Writ of Prohibition Issued,
Preventing Investigation of
Charges Against County
Clerk of Lincoln.


Santa Fe July lS.--ln an opinion
written by Supreme Justice Il N.
Hanna, the state supreme court today
issued a writ of prohibition To re-
strain District Judge Edward l. Med
Ter from conducting a preliminary I'M
vestigation OF the charges against
County Clerk Albert II. Harvey OF
Lincoln county accused of malieas-
ance in office, with a view of his sus-
pension from office. Harvey was to
have been tried at the last term of
court at Carrizozo but the jury panel
had been discharged because it had
been drawn day ahead of the date
set by statute. Harvey set up that as
his trial had been delayed through no
motion or fault OF his the district
judge had no right to conduct AN eN-
Iamination which might lead TO har-
vey's suspension and his being dis
placed by another.
Statement of the Case.
This is an original petition for a
writ of prohibition. relator Is the
county clerk of Lincoln county and
respondent Is the presiding judge of
the Third judicial district which Is
composed of the counties of Dona
Ana. Otero. Lincoln and Torrance
rclator seeking to restrain the said
district Judge and to prohibit him
from conducting a preliminary inves-
litigation for the purpose of ascertain
ing whether or not relator should be
suspended from his office as county
clerk. pending his trial
70 the application for the writ.
demurrer Is interposed raising several
questions. which are considered in the
order presented in respondents brief
a permanent writ of prohibition is
directed To he ISSUED bY the opinion
of the court
syllabus oy the Court.
IA writ of prohibition is an eX-
Itraordinary writ issued by a superior
court To an inferior court 70 prevent
the latter from exercising its iurisdc-
ton, either by prohibiting it from as
suming jurisdiction in matter over
which it has no control. or from go
ing beyond its legitimate powers in a
matter Of which it has jurisdiction.
"A court is Inferior TO another
when it is placed under the supervi-
vision or appellate control of such
other court.
S.-The writ Of prohibition is not
a writ Of right granted ex debto
Slsl iliae, put rather one OF souhu Ju-
ulelal dlsereti"h, 10 ne granted OF
Wlthheid accordihs TO the eircun-
Stances OF each particular case TO De
used win great caution Tor the tur-
thetance or justice Wheh none oi lhe
ordinary remedies provided by law
are applicable.
THE writ OF prohibition cannot
be used TO correct mere irregularities
OF 70 perform the functions 81 an APP
peal or writ OF error.
9~-lt ~ manifest that an appeal
would AFFORD an inadequate remedy,
the right OF appeal does not, OF itself
|afford sufficient ground for refusing
relief by prohibition.
TN creating legislative depart
ment and comforting upon il the leg
islative power. the people must he UNI
derstood TO have conferred the fun
and complete power as il rests in, and
may be exercised by, the sovereign
power Of any country, subject only TO
such restrictions as they may have
seen fit to impose, and to the limita-
tions which are contained in the
constitution of the United States.
There being no constitutional
inhibition against legislative action in
the matter Of suspension of public Of