Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-11-07
H. @. BURSUM INNOCENT,
SAYS NOTED ATTORNEY
Letter From the Late Harry M. Dougherty to DR..
j. M. Cunningham, of Las Vegas, Ex-
culpates Candidates.


be had without its consent A gem
eral bill was passed by the legislature,
which was a good measure, that
where there was any dispute between
public officers and the territory, that
either the territory or the officer con-
cerned could bring suit in the courts
Of the territory and have the same
adjusted. The bill was a general bill
which would have been a continuous
one, but objection, as l have been in-s
formed, was raised by the attorney
g~ 'A-and .sA-.Life-al -sw~@s-- wa.
confined TO one year after its pas
sage. This limitation was not at the
solicitation Of Mr. Bursum The bill
was passed and permitted to become
a law by Governor Hagerman by linn
itation
Immediately upon the passage of
the measure, Mr. Bursum filed suit to
have his accounts adjusted for the
last term of his administration Of the
penitentiary, as it was understood that
the charges were growing out Of that
term. However, thd territory came in
and requested that the two preceding
terms be also adjusted in the same
suit OF course the statute of limita-
tions had long since run upon the
prior terms, but Mr. Bursum did not
desire to stand upon any technically
whatsoever. and we immediately
Joined i'm the request that Mr. Bur
sums accounts be adjusted from the
first day he entered office until the
day that he left suit was filed in the
then Third judicial district. Judge
Frank W Parker being the presiding
judge, and without any suggestion
whatsoever on my part, Judge Parker
determined that the proper person to
audit the accounts would be the tray
cling auditor, Mr. Stafford, who was
also an appointce Of Governor Hager-
man; thereupon, he was duly appoint
ed referee.
Mr. Stafford proceeded to examine
and audit the accounts Of Mr. Bur
sum from the beginning to the end.
He had before him all of the books
and all Of the papers Of the original
entry The charge has been made
that books were missing. This is not
true. as will be shown by the report
Of Nh Stafford. and as will be further
shown by the finding of the court
which is entered into and made a
part Of the judgment The only book
which was missing was q ledger
known as the petty ledger which was
not a book Of origina! entry. and the
contents Of which had been trans
fcrred into another book. However,
all of the entries from which this
book were made was before the ref
cree. and as l have stated, not a book
Of original entry was missing. Mr.
Stafford went very exhaustively into
the matter, not only auditing the
books, but he caused to appear before
him witnesses from all over the terri
tory growing out Of any alleged
shortage, to determine the exact con-
dition.
During the course Of his investiga-
ton the party from Colorado Springs
who had made the original report
happened TO be in Santa Fe. Mr..
Stafford called his attention to the
fact that there were grave discrep-
encies between the report that he
had made and the facts as he CSaf-
tord) had found them, and requested
the party to appear before him for
the purpose Of reconCilinE, if possible,
these discrepancies; however. this
party from Colorado Springs re-
fused to do so. Mr. Stafford then sub
poened him as witness before him.
and he refused to testify.
After complete auditing of the books
and taking Of testimony. the report
OF the referee was filed with the
court and a day fixed for hearing and
an open hearing was had with coun-
sci representing the territory
representing the United States,
and Mr. Bursum, at Silver city, and
upon the hearing it was found by the
court that instead of Mr.. Bursum
being indebted to the territory, that
the territory was indebted to Mr..
Bursum. The report of the referee
the books, papers and entries, are all
a matter of public record. open for
the inspection Of anyone, and if any
person will take the trouble they will
hhd that the charge that Mr.. Bur
sum destroyed any books is false
mat any books Of original entry we're
is false, and that ell of the
charges brought against Mr.. Bursum
nave been fully and completely met
ana disproven by the records which
are now filed in the courts.
1t also appeared that the district
attorney appointed by Governor Ha-
german to succeed Mr.. Abbott also
'N2mined the report Of Mr.. Stafford
ana came out in an open letter in
which he, the district attorney so ap-
pointed by Governor Hagerman. said
nat after an examination of the ac
cunts, the items which he thought
moved shortage Of Mr.. Bursum
iad been fully accounted for and ex-
'Ialned by the report Of Mr.. Stafford"
mere was but one place where Mr..
5ursum could have these charges
'uhlicly and fully determined. where
18th parties could be represented
nd an adjudication had thereon. and
nat was in the courts Of this terri
ory. This he has done and this is
II that any man can do
The above facts have been hastily
wen by me, but you will find upon
he slightest investigation that they
re all borne out with record evil
ence' and I can see no reason why
ne record should not be examined