The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-05-02
ATTORNEYS FOR MAYOR AND HIS
APPOINTEE ANNOUNCE IMMEDIATE
APPEAL TO STATE SUPREME COURT
Judge Reynolds Announces that Question OF Title Cannot be
Tried in Proceeding of this Nature and Limits Issue to
Question of Who is Defaco Officer Counsel for May
or Admits McMillin is de facto Chief

By the decision of Judge Herbert
T. ltayuolds IN the district court at
3.t5 this afternoon the Injunction
restraining Mayor b. ~ Boatrish
and his nominee FOR chief uf police,
George III Thomas. from lnterieTing
With Chirt of iuiCd Thomas MCMill-
ip iu the discharge of the duties of
his office. ana making any attempt
Co gain possession ~ the same, eith-
er by force or stcuRh. pending de-
termination of title Go office M am
uther proceeding was continued.
chief OF Police McMilin was declar-
ted by the sourt to bc the de factu
officer and as such 80 be- protected
ln his possession Of the office pend
ing nnal determination of title tnero-
tu by proper proceeding, or until
a. successor L. McMiliin has been
named tn the manner required hy
law
The case will be carried e. the
state supreme court at once hy cuun-
tvi Tor Mayor Boatrirnt according 20
. "A statement BY Attorney Francis T.
Wood immediately tulluwins the
courts ruling this afternoon.
In the meantime Chief McMillin
will remain ia undisputcd possession
Ot the office. iy Judge Raynolds
decision the mayor and Thomas are
estoppcd from any effort 10 gain pos
session uf tho uuhce chiefs uiilce, un-
an a successor u named In the proper
manner The court ruled that thc
chief is the de facto officer and tins
Was admitted by counsel Tor tht
mayor and Thomas after lesil
wranelc which occupied the sreatei
part uf the afternoon session.
The proceeding, which began at ~
O'Clock tnls morning before ene "i
the largest crowds oi spectators ever
assembled iu the Brrnaillio county
court room. came TO an abrupt ciuSc
al g.45 this afternoon after "a day
largely devoted Co technical Htsu-
mcut.
Counsel for the mayor and Thomas,
headed by Francis g. Wood were NOT
prepared. they said Co enter INTO the
rase upuu lts merits and Mr. Wood
made continued efforts q" keep ih.
proceeding from rcachlng tho stage ~
taking testimony Mr Wood insisted
throughout the day that the answer
filed TO the order this morning con
ytltutod a sufficient denial oi the az
legation that MeMillin was 40 DANCE
,f forcible interference ana erm"hN
ed that the Injunction ue diechhtsrl
on that ground
Attorneys Mann and Lewis. for
chief McMulin Wen, ready they stii
To show that an attempt not oni4 ~"
been made 20 oust CHIEF McMlil
nom th, office. but that threats had
been made To return ana take lhe d
ice bk force or otherwise
Early in the afternoon judge khl
uoIds defined the limits Of the action
lie announced that ne could not tis
title to the ufhce under the pirseh'
proceeding and that the sole qNcs
ton before him WAS the ucc"rs-tF l'l
continuing the Injunction Co protect 2
dc facto officer Mr. Wood, follow
ing this ruling by the court adnltte.
that the chief was She de- iacto uihcci
aud t was agreed between c"ahso
that during five minute recess th'
answer. to which Judge Mann hh,
hled "A demurrer, should De hmenne'
To include that admission,
Counsel tor chief M,Mulin expect
ed that the amendment would hciuu'
an admission that an attempt nae
been made To- take putscsHluh ui IN
ufhce. But the answer admitted uhil
"a claim tn the office and refused 70
admit that at any time had an ehor
been made 20 take torcihle puss,H
sion which was specifically denied hl
Air Wood. Mr. Wood said, however
that thes set up a claim 10 the oiiie'
and would continue so To DO.
Judge Rnynolds after reading IN
amended answer asked counsel 10
Chief McMilliu u they were satisfied
that they had established their ale
CATION ~ to an attempt 60 take pos
session 81 the ofnce and Co intertcf
with the chief IN performing his du
ties They said they were and Wcr
resting on their complaint.
The Judge then sustained ihe de
murrer to the answer filed hy coun
rel FOR the mayor and Thomas
amended ana Mr. Wood annnunce
that no further plendings would p
introduced and that they would carr
the CASE up. Judge Mann announce
that his side rested les ease.
Judge Baynolds signed the orde
continuing the Injunction and MI
Wood filed formal notice Of appea
Ia the supreme court and stated in'
mediately after adjournment of coui
that no time would be lost in perfect
ing the appeal.