El Nuevo mexicano., 1919-02-13
L0NERGAA GUILTY Of
contempt FOR NOT
TURNING OVER INDIAN
INSIGNIA, is Hello
SUPERINTENDENT or puEBLoS
WILL TAKE MATTER INTO u,
s. COURT TO TEST JuRlaDlc.
TON.

tIOfNs NNH ENN U"W =
District Judge Reed Holloman
held P. T. Lonergan, of Albuquer-
que, superintendent OF Indian pueb-
los, in contempt OF court for refus-
ing to obey a subpoena OF the dis
trict court Of Santa Fe county, and
sentenced him to serve six months
in Jail. There was an understanding,
however. that a writ OF habeas cora
pus may be worn out before u. s..
District Judge Colin Neblett In fed.
eral court and If Judge Neblett sus-
tains the district judge, Mr.. Loner-
gan will be allowed to purge himself
of contempt by complying with the
subpoena issued by the district
Judge.
Once more the interesting ques-
ton OF the status of the Indian came
up as counsel for MI. Lonergan and
counsel for one of two factions in
an Indian pueblo quoted lengthy ex-
tracts from huge law books at the
hearing which was held all day yes
Ilerday before Judge TI0lloman In
district court here. Judge r. tH&
Hanna, former chief justice, repre-
sented Mr.. Lonergan. and attorney
Francis G. Wilson assisted in the
defense. Attorney Charles c.. Cat
ron appeared for Venture Montoya,
of San Juan pueblo. having appear
ed for Montoya in the district court
in the case of Montoya VS.. Ambro-
sio Martin.
lincoln Canes An Issue
And once again the famous Lin
coin cane or canes have come into
the limelight-the ebony canes given
to a dozen or more chiefs by the
great president, and treasured down
the decades by the governors in va
rious pueblos. Not that the cane
makes the Indian governor, as the
clothes are supposed to make the
gentleman, but these ebony souven-
irs are regarded as symbols OF the
office, and wit hthe archives and
various other papers are highly
thought of, and are instrumental in
lending dignity and power to the
man who is governor or pretends to
be.
Counsel for Mr.. L%onergan took
the position that Judge Holloman
had no jurisdictio min the original
case, threshed out many months ago
in district court and commended that
these cases. involving disputes of
indians in their pueblos, must be
taken to the Indian bureau. The dis
pute in question arose when Ventura
Montoya sought to enjoin Ambrosio
Martin to turn over the Lincoln
cane and various archives. Montoya
I~contending he had been duly elected
governor OF San Juan pueblo. There
was another cane, too, which Mon
toya wished given him. But Martin
argued that he did not have to turn
over either the Lincoln or the other
cane. Then Montoya brought a re-
plevin suit and obtained Judgment in
default. The district court issued an
order to Martin to turn yer the
canes and archives whereupon Mar
tin sent them to the Indian superin-
tendent, Mr.. Lonergan. .
1t soon became known that the
much sought after canes and papers
were In Mr.. Lonergan's possession
and a citation wa issued against
Martin to show why he was not
punishable for contempt Of court and
o subpoena duces tecum was issued
commanding Mr.. Lonergan to appear
and produce the property and a cita-
ton was issued against him to show
cause why he should not be punish
ed for contempt. Mr.. Lonergan en-
deavored to purge himself of the
contempt charge on the ground that
the district court did not have juris-
in the original action.
Judge Holloman has held that he
had power to issue a subpoena In
the original case, irrespective OF
Jurisdiction as to other features in
the case.