Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-11-02
OFFICIAL BUDGET.
A New Indian Agent-Supreme Court
Land Court Appeals-Of-
fetal Gossip.

fetal Gossip.
1t is announced from Washington that
Lieut.. V. E. Stottler, 10th infantry, regi-
mental quartermaster, new ON duty at
Fort Marcy, has been appointed as agent
at the Mescalero Indian reservation in
Lincoln county. He succeeds Capt. Bur-
nett, who has been In charge Of the agency
for the past year, but who now retires
from the army on account of age. Lieut..
Stottler is an admirable business man
and his friends are elated over his selec
ton for this position. In officially an
nounclng his appointment Col. Pearson,
commanding the 10th regiment at Fort
Reno, takes occasion to say: "Lieut.
Stottler has been conscientious and eff
Gent in the discharge of his duties as
quartermaster and merits the good opin-
ion of his superiors, which has induced
them to confer upon him the honorable
and responsible position of Indian agent"
SUPREME COURT.
The case of Schofeld, receiver of the
Albuquerque National bank, vs.. Montague
Stephens ct al, decided yesterday in the
supreme court, settled in the affirmative
the question whether or not the receiver
Of national bank has the right to sue in
the federal courts of the territory. Judge
Freeman, who presided in the court below,
decided that receiver had no such right,
although he believed the opposite. He
80 decided in order to give the supreme
court chance to decide the question.
Yesterday when the decision was handed
down it was found that that able Judge
had Joined in decision reversing his
former ruling and declaring that the court
had jurisdiction.
The argument in the case of Marshal
Charles Closson vs.. the board of trustees
of the town of Cerrillos was concluded
yesterday afternoon and the decision of
the case was deferred until the next term
of court. The practical effect of this
state of things is to leave Closson in pos
session of the office of town marshal until
the expiration of his term. The reason
for postpopement of the decision WAS
the fact that the court was equally divided
on the question involved and it will re-
quire the presence of the fifth judge,
J udge Laughlin, to reach conclusion.
The supreme court then adjourned for
the term. 1t will not reasonable again
until next August.
LAND COURT APPEALS.
As announced in the NEW MEXICAN on
Monday, Chief Justice Fuller on til at day
handed down decision in the case of the
United States vs. Earl B. Coe, involving
the title to the Algodones land grant in
Arizona, upon motion to dismiss on the
ground that congress had no power to
confer upon the supreme court jurisdic-
tlon to entertain an appeal from decree
of the court of private land claims, by
which this case was originally tried, be-
cause the latter is not vested with politi
cal power by virtue of any provision of
the constitution. The motion to dismiss
was denied, and the decision becomes of
as it effects all the decisions
of the private land claims court in which
appeals have been or may be taken. The
decision concludes as follows:
GAS wherever the United States exer-
c1ses the power of the governments,
whether under specific grant or through
the dominion and sovereignty of plenary
authority, as over the territories, that
power includes the ultimate executive,
legislative and judicial power, it follows
that the judicial action of all inferior
courts established may in accordance
with the constitution be sub ected to the
appellate jurisdiction of the supreme
judicial tribunal of the government.
There has never been any question in re-
gard to this as applied to territorial
courts, ana no reason can be perceived
for applying different rule to the adju-
dicatlons of the court of private land
claims over property in the territories"
OFFICIAL DOTS.
Melquiades T. Otero has been appoint
cd notary public at Cubero, Valencia
county.
Gov. Thornton has appointed John E
Mitchell as commissioner of deeds for
New Mexico at Washington, D. G.
Leandro Lucero has been appointed
postmaster at Villanueva, San Miguel
county, in place of Mstias Garduno, re-
moved.
First Lieut.. John H. Shollenberger, 10th
infantry, has been designated by Colonel
Pearson as regimental quartermaster to
succeed Lieut.. Stottler.
Chief Justice Smith this morning ap-
proved the bond of Alloys Scheurich, the
new Taos county commissioner. The
bond is fixed at $4,000.
The NEW MEXICAN is under obligations
to Lieut.. I. W. Littell, the efficient and
painstaking adjutant of the 10th Infantry,
at Fort Reno, for official courtesles.
The third dividend of 10 per cent made
day or 30 ago in favor of the creditors
of the Albuquerque National bank makes
in all 45 per cent, on claims proved,
amounting to $253,22233, that has been
paid.
District Clerk WHY'S is in receipt of
letter from Judge Laughlin written We'd
nesday in which he states that the case
on trial will take longer than was ex-
pected so that it will probably not be
finished until tonight or tomorrow. The
judge hopes to be able to return from
Mora to Santa Fe tomorrow night.
The Las Vegas Optic and Albuquerque
Citizen both announce that Chief Justice
Fuller, of the .. s. supreme court, passed
through New Mexico from California last
Monday. As the chief Justice passed
upon the Algadones grant in Washington
on that day, it is probable that the papers