New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1920-08-20
GRANT COUNTY WINS FIRST
HEAT IN INDEX SUIT

The much talked OF suit against
the board OF commits sioners Of
Grant county, brought by J. z.
Fancher, ct al, to collect the sum OF
$l25,5 ,5999S in payment for the Cott
Index Record system and the Beall
Classification and Indies System has
been disposed OF in the district
court
The case came up for a hearing
Saturday before Judge Merritt {.
Mechem of Socorro, sitting At Al
buquerque for Judge r. X. Ryan OF
the Sixth judicial district The
hearing was had on demurrers filed
by Attorney Percy Wilson, special
counsel for the Grant county board
OF commissioners, in which counsel
Tor the defendant claimed that the
complaints were insufficient to CON
stitute a cause of action This
contention was opposed by Judge
r H. Hanna of Albuquerque and
A. B. Renehan of Santa Fe, attorn-
eys for Fancher, ct al.
Following arguments BY the op-
posing attorneys, Judge Mechem
sustained the demurrers filed to
each of the three complaints, and
rendered judgment, dismissne the
suit. Immediately, the counsel for
the plaintiffs, Fancher, ct al eN-
cepted TO the ruling of the court and
prayed for and were granted an ap-
peal to the New" Mexico supreme
court.
The celebrated case will now be
carried to the supreme court on ap-
peal, where the final hearing will be
had and Judgement rendered. Il Is
the purpose of the attorneys for
Fancher and his associates interest
ed in the suit, to secure an early
hearing of the case by the higher
court on the claim that it is a mat
ter OF public interest and should be
finally adjudicated as quickly a.
possible.
The prompt disposition OF the
case in the district court comes e-
surprise. Suit was filed in 'A"
district court last December by 'he
plaintiffs prior to the beginning
Of the suit by Fancher, a formal Ell
fort had been made to turn over 10
the county commissioners the com
pleted index and classification sys-
tenn. This tender of delivery o.
'he new system was made Septem-
ber II, 1919, but was rejected by the
commits sioners.
The present litigation grows out
of a contract entered into February
s, 1918, by the board of commits sion.
ers OF Grant county, composed ot
Charles B. Morrill,, chairman; Geo.
M. Doolittle and Pierce Rice for
the installation by ]. F Fancher and
Bryan o. Beall, operating as the
Beall- -Fancher Company, OF the
Cott Index Record System and the
Beall Classification and Index Sys-
TEN.
Work subsequently was begun on
the installation of the system as set
forth, this work extending over a
period of l8 months, during which
a big clerical force was employed
by the contractors and large
amount OF money expended for
wages, record books and material
incident to the system.
Several extensions of time were
granted to the contractors. who
were unable to complete the work
on the date specified in the CON
tract. Finally. in September, last
year, the system was finished and
the contractors sought to make de
livery to the county through the
board of commits sioners composed
of f. B. Venable, chairman: J. B.
Gilchrist and J. w. Jackson. The
board however refused to recognize
the contract previously enteren into
and rejected the system. acting it
is said. on the ground that the con-
tract was illegally entered into by
the previous board.
Suit was filed on December |.
1919. by J. z. Fancher, ct al, in the
Grant county district court, by
which the said Fancher demanded
payment for the completed index
system amounting to $48,s83.S0 for
the Cott Index System and S3,0l6.-
48 for the Beall Classification and
Index Systems totalling Sl2l ,S99.8.