Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-04-13
AWAIT CASE ONE
OF RESULTS Of
SALARY MIDDLE
Failure to Pass Bill Providing
for Compensation Of OFF,
Gals Means That Curry
County Is Out $4,000,

! fsesclAL cosssspohctncs TO MORNING JousHhLl
Clovis. n. NJ, April pa telegram
! from Jose u. Sena, clerk of the SUI
Ipreme court at Santa Fe yesterday
to Harry L. Patton of this city, con-
tanned the information that the case
of the State of New Mexico versus
Arthur L. Await. ex-eounty clerk Of
Curry county, had been reversed, with
instructions to quash the accusation,
the effect Of which will be to rein
state Await as county clerk, from
which office he was removed in Octo-
Der, 1914, by the district court Of
Curry county This decision also
brings to an end case which, in
part, at least grew out of the salary
law muddle, or, rather the failure
of the legislature to pass a salary bill
until long after it should have been
on the statute books, and means that
the taxpayers of Curry county will
have to dig down into their pockets
to say nothing of what has already
been expended In prosecuting the case
through the courts.
At the election for state ana county
offices in the fan of 1910 Await was
elected county clerk and went into Of
flee the following January At that
time, as everybody knows, there was
no salary law in existence, except the
old territorial law which permitted an
officer to retain the fees of his office.
on July 81, 1914, the district attorney
of this district. the fifth, filed in the
office of the county clerk an infor-
nation based upon certain affidavits
of w. H. Kegel, Howell Earnest and
x. K Scott, the two first named being
from the travelling auditors office and
the last named being the district at
torney who filed the information.
Grounds for Information.
The object of this Information was
to remove Mr.. Await from office, the
grounds for such removal, among
others, beng that as county clerk, he
had been guilty of failure, neglect
and refusal to discharge the duties of
the office Of county clerk and ex-of-
ficio district clerk of Curry county
and ex-offieio probate clerk of Curry
county. and has failed, neglected and
refused to discharge certain duties
devolving upon him as an officer, in
this. that he has failed to pay over TO
the treasurer OF 1uTly county, ices
earned by him as such official The
also contained other al
legations as to Mr., Awaits miscon-
duct in office.
The case came to trial during the
October. 1914, term Of the district
court when Await was found guilty
and was Immediately removed from Of
flee and w. c. Zerwer appointed in
his stead. Awaits attorneys, Harry
L. Patton Of this city and James A.
Hall of Portales, appealed the case to
the supreme court of the state in due
time. II was argued on the 18th day
of last January by Mr.. Patton.
BY reason Of the decision being re- /
versed and the information quashed |
and Mr.. Await being reinstated to the |
office he formerly held, which will be |
May /. il is understood, he will be |
paid for the time he has been out |
of office, which Will amount to about |
{, 900. and as the man who has been |
holding the office in the interim has |
also drawn his salary, Curry county |
will be out the above amount. /