El Nuevo mexicano., 1916-09-28
francisco Loses Out in
First Round Of Legal
Controversy
HE'S URGED TO
AMEND COMPLAINT
Given 20 Days by the
Court to Revise His
Allegations
(From the DaIIy. Sent. 28l

(Er0m the Daliy, sept. z0J
District Juoge Herbert r
Reynolds in Albuquerque has
sustained the demurrer enter
ed by counsel for the New
Mexican to the complaint re-
Gently filed by F. Al. Hubbell
charging the New Mexican
with libeling him in the publ
cation Of his official record,
and asking $4,000 damages.
Mr.. Hubbell declared that he
should be awarded this sum
because:
''The plaintiff is greatly in
jured in his good name and
standing among his neighbors
and friends and generally
among the good and worthy
citizens of the state Of New
Mexico; that plaintiff has been
brought into ridicule and dis
grace and has been greatly in
iured in his candidacy for said
office Of United States Senator
from New Mexico"
Mr.. Hubbell is given 20
days in which to amend his
complaint. The New Mexican
urges him to amend it at once,
file it at Albuquerque, and
make another attempt to have
the case heard on it's merits
before election.
Mr.. Hubbell originally filed
suit in Santa Fe county i'm
mediately after it had been an
nounced that no term of court
would be held here until after
election.
The demurrer filed with Judge Ray.
holds, sitting in the district court
here, after MI. Hubbell had been given
time to bring a suit in Bernalilio
county. set forth that the com
plain failed to state facts suffi!
cient for a cause of action; that the
publication was privileged, that the
court was without jurisdiction to hold
a collateral inquiry into the guilt or
innocence of the plaintiff when the
matter had been legally passed upon
and determined by the then governor
OF the territory by virtue of author
ity vested under the laws Of the ter.
ritory; that the complaint was am
biguous in that it denied Hubbelrs
removal by the governor and then al
legged that he was reinstated; that
the meaning imputed to the publica-
ton by innuendo as a matter of law
was irrelevant; that B. M. Cutting
was improperly made a defendant
and that the publication was fully
protected by constitutional guaran-
tees of free speech and freedom OF
the press.
The New Mexican has been anxious
all along to have Mr.. HubbeII get his
case into court on its merits and there
seek 70 "vindlcate" himself Of the
charges growing out of his official
and political record. To that end the
New Mexican o urges Mr.. Hubbell
to Immediately file an amended COM
plant In the district court In
RernaIlllo county. If he succeeds
In securing sufficient standing in
court to secure a trial Of the case, the
New Mexican believes the full review
of his record thus obtained would
prove Of great interest to the people
Of the state and would afford him a
to show once and for all
whether or not his record has been
mIsrepresented. II should, Of course,
be regarded by both Mr.. HubbelI and
the voters as Of particular importance
such detailed treatment Of his
record should occur before the cleo
ten,
The demurrer was nled to protect
the legal rights Of the New Mexican,
- set forth Ia 3 letter by counsel on
September 4, which at the same time
urged 3 speedy bearing and trial Of
he case. in order 70 demonstrate the
good faith OF Mr.. Hubbell in his pre-
desire to secure a vindication
the charges against him in the