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Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
Highest OF all in Leavenng PowerLatest u S. Govt Report
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ABSOLUTELY PURE
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obtained from the district court for the
of quo warrarto upon the petitioner,
Cunningham, to determine the title to the
Office of sheriff of said county as between
him and the said Cunningham.
1t is conclusive that this respondent by
recourse to the writ of quo warranto on
the Sd day of July, 1898, to establish the
title to the Office of sheriff, as against
Cunningham, admitted that he had been
deprived of the possession of said Office
by the order of the governor removing
him, and that it was in Cunningham by
the appointment of the governor at the
date of the institution of the proceedings
in quo warranto. Quo warranto in its
nature involves possession and user of
an Office by another than the relator, for
without such foundation such writ
should not be issued and can not be
maintained. Conklin in his application
for the writ must have alleged, did allege,
that Cunningham was de facto in charge
of the said sheriffalty, or the order in the
nature of quo warranto upon Cunning
ham could not have been granted. 1t is
palpable that the denial by Conklin in
this proceeding by mandamus of the eff
feet of the orders of the executive, the
one removing him, and the other ap-
pointing Cunningham in his place, is in
consistent with the admission of their
operation in the quo warranto informa-
tion. In the one the possession of said
office by Cunningham is denied; insthe
other such possession is an essential ad-
mission; the operation of law resulting
from the facts alleged in the alternative
writ of mandamus is traversed by him, as
respondent, (though such pleading is
irregular and defective) but is asserted
by him as petitioner in the application
for writ of quo warranto. If, on the
the quo warranto action that
CUNNINGHAM WAS IN POSSESSION
of the sheriffalty of said county, and he
instituted said quo warranto, "the legal
and proper mode to try the title to said
Office" he is precluded from denying said
possession on the 7th day of July, 1893,
and endeavoring to determine said title
in this proceeding by mandamus. Gun
ningham was the de facto sheriff of said
county in charge of the Office on the Sd
day of July, 1893, according to the repre-
sentation Of Conklin in the proceeding to
determine the title to the office, and he
can not be heard to contradict himself
on the 7th day of July in collateral
pro-issue, not involving the title. The po-
sition of the respondent in the two ac-
tions is irreconcilable, and SO repugnant
is the one to the other, 80 inconsistent
are these several defenses in the return
| x,,;A 81 L.
could have with propriety been quashed
for this reason alone, and the peremp-
tory writ awarded.
Mandammus is summary and specific
remedy to enforce the performance of
duty incident to an existing right, in
cases in which, without such appropriate
redress, serious injustice would occur. 1t
is recognized process to maintain the
prima facie title to an Office, and it is not
CONTINUED on Fourth Page.l
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
'rHE MARK ETA.

New York, Sept. l2.-Money on call,
per cent; prime mercantile paper, 80 51a
Silver, 64; lead, $3.05.
Chicago.-Cattle, market fairly active,
natives, steady; westerns, l0.to 15c lower.
Sheep, dull, 10 to 15c lower.
Kansas City.-Cattle, market for best
steady; others, slow and weak; Texas
steers, $l.9O @ 1925; beef steers, $3.50 @
$3.50; native COWS, SLIGO q $3.50; stock
ers and feeders, $1.75 a $3.50. Sheep,
market barely steady; good to choice ma
tives, $3.50 ~ $3.75; good to choice vest
erns, $2.55 @ $500; common and stockers,
$500 q $3.50.
Chlcago.-Wheat, September, 5455s @
a; December, 573s q 4. Corn, Sep
tember, 57hs; October. SIX. Oats, Sep
tember, 3Oss; October, 31R @ e.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
DR.. Prices Cream Baking Powde
Forty Years the Standard.
BRIEF VIKINGS.

One case of yellow fever is in quaran-
tine at Cape Charles, Va.
The big Muscoda bridge over the Wis
consin river at Muscoda was wrecked by
cyclone. Several houses we're blown
down and unroofed.
The prolonged drought that burned and
parched vegetation and was the cause OF
great apprehension of sweeping forest
fires at Williamsport, Pa, was broken
yesterday by heavy rainfall.
Gov. Carr, of North Carolina, advocates
an early trial of colored men charged
with crimes, that the dangers from lynch
ing may be reduced to the minimum.
Sergt. Whitehead, of the Butte, Mont,
police force, detailed to guard the famous
Montana silver statue, was drowned in
Lake Minnetunka while boating.
The Republique Franchise regards
the reports that it is the intention of
japan to attack Shanghai as proof that
Great Britain is seeking pretext to in
terfere in the war between China and Jap
an. But this, the paper adds, the United
States, France and Russia will not per-
nit.
The whole plot of the lynching of the
six alleged negro incendiaries near Mill
ington on the night of August 81 has
been laid bare, and before many hours
elapse every man implicated in the con-
spiracy will be in Jail. Robert McCarver,
son of J. A. McCarver, sheriff of Shelby
county, is the man who exposed the con-
spirators.
A dispatch from Havana, Cuba, reports
riot has occurred at Villa Franco, near
that city, owing to the discomfort caused
among the inhabitants by the sale Of
common land. A mob made an attack
upon those who had purchased the land
and did considerable damage to their
property. Further trouble leading to
bloodshed is feared, and troops have been
sent to prevent it.
call was issued yesterday by the
pastors of all the colored churches in
Memphis for mass meeting of negroes
for the purpose of publicly thanking
Gov. Turney, Judge Cooper and the
white citizens of Memphis for the de-
termination they have shown to bring
the Millington lynchers to justice. Funds
will also be raised for the widows and
orphans of the six negroes who were
murdered by the mob.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
TEN MEN EXECUTED.
President HypOlity, Of Hnyti, Prompt
ly DispOses Of the Attempted
Assassins Of His Daughter.

New York, Sept. 12.-The steamer
-Ozam, which arrived to-day from Haytian
ports, brings news that President Hypo-
lite has ordered the arrest of ten men
whom he believed to be instigators of the
plot to assassinate his daughter. They
were shot within twenty-four hours from
the time of their arrest. Much trouble is
expected owing to the presidents ex-
pected demise.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
Marvellous Feat.

Queenstown, Sept. II. - The little
schooner, Nina, Capt Freitsch, arrived
to-day from New York. Capt. Freitsch
was the only man on board. The Nina
sailed from New York on Sunday, August
s. She made the trip across the Atlantic
in thirty-eight days, remarkable time
for such craft and only nine days be-
hind the time made by the Volkyrie when
she returned to England from New York.
The Nina is schooner-rigged sharpie,
forty-seven feet over all. She was
brought by Capt. Freitsch from Mil
waukee in June. In shipping circles
there was considerable doubt expressed
as to the ability of the Nina to cross the
ocean safely.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
NEW MEXICO NEWS.

Saturday marked an epoch in the his
tory Of Eddy-cessation of the running
of stage coaches.
The Pecos Valley railroad now runs to
Miller station. 1t will probably be COM
pleted to Roswell by October L.
There was very heavy frost Monday
night and water froze in pans and basins
which were left out o. doors.-Optic.
Mr.. j. G. Titus, formerly of Hillsboro,
aged SO years, died at the Windsor hotel at
Socorro of heart disease last Thursday.
The convocation of the Episcopal
church will convene at St. Paul's, Las Ve-
gas, Thursday, September 20, at 10
O'clock, q. m.
Mr.. G. A. Hudson, of Albuquerque, and
Miss Rose Renner, q splendid young
woman who has made her home at Ger
rillos, were united in marriage on Sunday
last.
The temporary injunction against the
county commissioners, restraining them
from receiving or opening bids for the
county printing, was made permanent by
Judge Smith yesterday.-Optic.
Lee Williams, a horse thief, VINO mas
given very much trouble in Chaves ceun-
ty, was captured by Sheriff Atkinson.
Deputy Sheriff Murray brought him
back to Roswell with fifteen head of stolen
horses.
Messrs. s. W. Rutsell and Hugh Free
man will be present as delegates from the
Eddy church at the Las Vegas Episcopal
convention. Rev. F. T. Bennett will be
examined for priests orders.
The men injured in the Santa Fe wreck
at Dillon last Friday were Engineer Pat
Boyle, Postal Clerk g. B. Baldridge, Pos
tai Clerk H. g. Russell and Fireman Joe
Meaden. The engineer and Mr.. Baldridge
we're the worst injured, the former get,
ting fracture of the right clavicle and
the latter losing leg.
E;ro ,,epronoa Fire insnrance Ann1v
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
One on Edison. .

Philadelphia, Sept. 12.-In the United
States circuit court of appeals to-day the
decision of the United States circuit
court of New Jersey, in the Edison West
inghouse infringement case in favor oi
Edison, was reversed and the case re.
manded with directions to enter decree
dismissing the bill of complaint and the
costs Were put on Edison.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
witnesses In the Debs Trial.

Chicago, Sept. IA Western Union
messenger boy had his innings at the
Debs trial to-day. Several of the mes
senger boys were called on as witnesses
and they baffied all the attorneys in their
attempts to confuse them in their cross
examination. James Connors testified
as to having delivered messages to various
A. R. U. officials, among them one to
President Debs. Gus Webber said he had
given several kilograms into Debs' hands.
Fred Miller, stationed at Debs' head
quarters during the strike, declared that
he had delivered kilograms to each of the
defendants.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
u, y. Land Court.

The land court is to-day engaged in the
hearing of the Isleta grant. This tract
contains about 100000 acres near Ell Paso
and the fight for the confirmation of the
grant is being carried on mainly by a
Chicago irrigation company which is
making extensive arrangements to de-
velop this property.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
stay Of Sentence.

City of Mexico, Sept. 12.-Ths o1ecu-
ton of the death sentence in the murder
case of Edward Adams, of New Orleans,
has been ordered stayed until President
Diaz shall have had an opportunity to
look into the merits of the case person
ally.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
Officially Announced.

Washington, Sept. 12.--Secretary Car
lisle authorized the official announce
ment to-day that he would not pay any
sugar bounty earned, but unpaid, when
the new tariff law went into effect OF
August 20,
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12

Trees were uprooted and an ron bridge
over Gaeosa bay was taken up and car
ried over 100 yards ard & number OF
houses wrecked. The full extent of the
damage is not yet known.
Robert Cobb, colored, is hurt fatally,
and Wilkes Yambell, white, is seriously
injured. Other casualties are reported.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
The DOncaster Races.

London, Sept. 12.-At Doncaster to-
day the race for the st. Leger stakes for
the s-year-old colts and fillies was won by
Thistle, owned by Sir +. F.Johnston; Ladas,
second; Matchbox, third.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
DR., Prices Cream Baking Powder
World's Pair Hishest Medal and Diploma.
AccidentaI or Intentional.

Chicago, Sept. 12.-Attorney Claude M
Walter, who was shot on Saturday by
Lawyer Lea Roeder, died to-day. Wal
ter's friends insist that Roeder shot Wal
ter Intentionally during an altercation.
Roeder declares that it was accidental.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
Tennessee Cyclone.

Memphis, Sept. 12.-At 11:50 a. m. to.
day a cyclone passing from southeast to
northwest struck North Memphis near
the Louisville T. Nashville railroad shops
and swept away everything in its path.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
Forfeit withdrawn.

Chicago, Sept. 12.--The $4,000 forfeit
that jackson deposited with VIM. j
Davis for fight with James Corbett, wst
taken down to-day. "Peter Jackson viii
never get to fight with James Corbett,
said Parson Davis little later.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12

Chicago, Sept. 12.--The Arch fair build
ing, No. 436 and 438 63d street, burned
to-day. Loss, $4,000.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
Opened for Business

Albuquerque, Sept. 12.-The Postal
Telegraph company opened for business
here this morning.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12

Improper and deficient care of the
scalp will cause grayness of the hair and
badness. Escape both by the use of
that reliable specific, Halls Hair Remover
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12

For fire insurance go to Mrs. Coffin's
Office on the plaza.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12

Fire insurance is necessity. Be sure
and get the best companies. Mrs. Coffin,
on the plaza.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12

Lost-A diamond pin engraved 7. F. M
Liberal reward if returned to New MEX
ICAN Office.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
THE G. A. R.
Register a Kick as to Indifference
shown the Visitors
Beginning to scatter.

Pittsburg, Sept. 12.-While 100000 per.
sons have left the city since yesterday,
there are still 100000 strangers in town.
The national encampment of the g. A. R.
opened this morning in the new Grand
Opera house. The commander-in-chie
and delegates were welcomed on behalf
of the citizens executive board by Chair
tison welcomed them on behalf of the
state. Mayor Mckinney, of Pittsburg,
and Mayor Kennedy, of Allegheny, well
coined the visitors on behalf of the cities.
The annual reports of the national Of
fcers were read.
The commander reported the
total membership of the order to be
369,O84 AGAINST 397,233
year ago. Nevertheless the interest in
the order is increasing. Investigation
has shown that very few frauds in the
pension Office have been committed and
those were the work Of dishonest agents.
The pension laws, however, we're not, he
claimed, fairly administered.
The report of the committee on legisla-
ton, after reciting the endeavors of the
q. A. R., urges on the SD congress the
duty incumbent on the nation to give
preference, in every public employment,
to the survivors of war days; but, alas, as
the war days recede further from the re-
membrance of the people of that genera
.ion, those days are unknown, except by
tradition, to those who have since been
born.
THE GREATEST 1NDITFERENoE
seems to be shown on the part of our ma
tional law-makers, toward those who
fought the battles of the Union and still
survive. There is great need that those
charged with the law-maklng power in
our national congress should attain higher
and broader patriotism than they now
seem to possess. This can hardly be
wondered at, when we reflect that the
men who fought to destroy the Union
now dominate and control in both legis-
lativo branches of the national govern
ment.
Vice Commander Judge Bigger re-
ported: ~ have visited the encamp-
ments
OF TEXAS AND NEW MEXICO
and have found that everywhere the boys
in blue are enthusiastic, wide.awake and
Jealous in the good cause"
Major A. P. Buckfeld, on behalf of the
citizens, presented the commander-in-
chief with gavel made of wood from
Fort Sumter, Appomattox, Vicksburg
and Libby prison, and bound with metal
from historic cannon.
The election of commander-in-chlef
will not be held until tomorrow.
Since the withdrawal of the name of
Judge Chas. d. Long, of Michigan, the
opinion is rapidly growing that Col. 1. N.
Walker, of Indiana, will secure the coveted
honor.
The Woman's Relief Corps, the Ladies
of the G. A. R. and the Daughters of Vet
Grams are also holding conventions.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12
OF TEXAS AND NEW MEXICO

Fire insurance. Your interest will be
carefully guarded by Ms. Coffin, on the
,>1o
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-12

Fire insurance. Fire insurance. Apply
to Mrs. Coffin, on the plaza.
The daily morning journal and courier., 1894-09-14
At the Watertown Fair,

Miss Carrie Baldwin of New Haven had a fine collection of fancy china ware, gotten up in the most artistic style, at the Watertown fair this week.
 The cattle show was the main attrac- tion Wednesday, there being 13O yoke of different kinds 'on the grounds. Woodbury made the largest display, having no less than twenty-five yokes. Trains of four-year-old oxen were shown as follows: One yoke each, Wheeler Atwood, Miss Belle Judson, H.. W. Judson. D. Cowles H. Terrill, Gill bert Allen, A. Judson, John Colloty, Charles Terrill, Thomas Quirke, Preston Atwood, all of Woodbury, and E. B. Hinman, four yoke. Three-year-olds-- A. E. Judson two yoke, G. E. Summers one yoke, Eliot Hinman three yoke, T. B. Terrill three yoke, F. Atwood one yoke. N. P. Beardsley of Roxbury exhibited his famous Hereford bull Captain Jack, five years old, and ten yoke three years old and under. s. B. Hitchcock of Waterbury two pairs of oxen, one four years old and one two years old; also thirteen head of red boiled cattle, including fine bull, Phil lips, three years old, and one bull one year old. His pair of twin steers four years old. which are considered by com- petent judges first in the state Durham bred, and raised by Frank Atwood of Woodbury. They attracted great at- tention, as in appearance they are the same and weigh alike. Their weight at present is 3,200. A year ago their weight was 2,S00
 Cyrus Gaylord of Terryville had seven yoke on the ground, ranging from year. lings to six years old, besides fifteen head of thoroughbred Herefords. John Gleason, Plymouth, yoke of Herefords, weighed 4,200 and were a handsome pair.
The daily morning journal and courier., 1894-09-14
Funeral of Mrs. George 4. IsbeI,.

The funeral of Mrs. Mary l.. Isbell. wife of George A. Isbell esq. took place on Wednesday afternoon from her late residence on Norton street. The house was crowded with the friends and neigabors of the deceased. and very many of them followed the remains to Evergreen cemetery. where they were placed by the side of her mother. the late Dr. Adella A. Lee A large number of friends and relatives of Mir. and Mrs lsbell were present from out of town, Miss Ellen l.. Miles from New York, Mir. and Mrs. Wamorek of M,riden and others.
 The floral tributes were many and very beautiful. The Rev. Phebe A. Han afford came all the way from Buffalo to officiate at tiie funeral of her friend. The services consisted of the reading of the scriptures, an address and prayer, closing with a benediction There was also a brief prayer of commitment at the grave. In her address Rev. Mrs. Hanaford referred at some length to the intellectual gifts of her friend, her love of the beautiful in nature and art and spoke especially of her heroic forttude and patience during her prolonged ill., ness, her trust in the infinite love and wisdom. and the hope she cherished in reference to immortality. The remarks were based upon the text: 'The day breaketh and the shadows flee away"
 In the death of Mrs. Isbell the con- munity loses one who was formerly a faithful teacher in our public schools. and had been engaged for many years in philanthropic efforts, though she preferred usually to work quietly not letting the right hand know what the left was doing for the help of others. She was a student In the metaphysical class of Mrs. F. G. Stuart few years ago, and will be tenderly remembered by her fellow students to whom, at that time. she opened the parlors of her beautiful home.
 The sympathy of the community is with the bereaved family.
 The bearers were Messrs. Herbert E. Benton, E. w. Cooper, Theron A. Todd, Dr. c. B. Adams and ex-Chief A. C. Hendrick. The funeral arrangements were conducted by John B. Reynolds of Hawley. Wilmot & Reynolds of Bridge port. The interment was in Evergreen cemetery.
The daily morning journal and courier., 1894-09-14
HyperiOn.

The Black Crook" in all of its orig inal splendor comes to the Hyperion on Thursday evening, September 20 Sale of seats opens Monday, September 17.
 Polls Wonderland Theater,
 The management of this beautiful and commodious theater is certainly proving his claim to a big percentage of the theater-goers' patronage by the charac- ter of the performance he is presenting, as is proven by the immense patronage he is receiving, a large proportion of which is made up of ladies and children, All who have visited Wonderland this week have nothing but praise for the performance presented. Every act OIL the bill is a good one. and several of them are extraordinary All lovers of variety performances will miss a treat if they fail to see the program at Won derland this week.
The daily morning journal and courier., 1894-09-14
FOUND

CHAPEL STREET TOBACCONISr, SMOKERS will find fine stock of Importsi D and Key West and Domestic Cigars at ouI newly fitte1 up new stand, 7l5 Chapel street, late Collins, opposite Ford iewelry store goods usually sold by tobacconists. Goods t2 suit all in variety. Twenty years in the bust ness here. ts1O Imp c. LAUBER.
The daily morning journal and courier., 1894-09-14
PLANvILLH.
Russsii Treat Active Life.

husaeii Treat Goodreh's Active Life,
 Sept. ia.-Russell Treat Goodrich. who died al his home on Red Stone hill Sep tember II. was born in Russell. St. Lawrence county. N, Yn August 30. lsis, and after a liberal education went into business in Chicago, In 1874 he married Miss Ella Talcott. daughter of N, W. Taleott of Springfield, Mass. and later lived in Milwaukee and managed n large business both in that place and St. Louis. After nineteen years of untiring activity in the west he moved to Phila- delphia. where he was obliged to give up business. on account of poor health In less than three years. He came to Plainviile six years ago and had failed gradually. He leaves three children. who are In school, and wife. Ser vices will be held at the house at 2 o'clock this afternoon and the interment Will be Ut the Peabody cemetery in Springfield. Mass, tomorrow.
The daily morning journal and courier., 1894-09-14
GUILFORD,

The One Hundred and Fiftlsth Anniversary y
 of Christ Church.
 Sept. 13.-The 15oth anniversary of the formation of Christ church will be observed Sunday. Bishop Williams will preach and administer the rite of con- firmation at 9 a. m. At 12:3O there will be a sermon by Archdeacon Johnson of Staten Island, who is a descendant of Samuel Johnson, the father of Episco- pacy in Connecticut. At p. m. the Rev. Dr. Andrews, rector of Christ church, will preach the historical ser mon., The other churches of the town will be closed in the evening to give the people an opportunity to hear pr. An drews.
The daily morning journal and courier., 1894-09-14
TO LET,
FEST RENTS

FOR RENT, ENOUR fvc-YOom flats. with bath rooms, I steam heat mud all Improvements; loca- tio:r central. Flats entirely separate from each other. Small family preferred, and rent reasonable. Enquire
 JOHN HOGAN. 1S0 Columbus avenue, au7 If corner Liberty street
The daily morning journal and courier., 1894-09-14

OTIS RAINED," DUT piece of our Ably "Saltonstall" hoss ID at 12c foot is surer than showers, sll l3 15 LINSLEY ROOT & co
The daily morning journal and courier., 1894-09-14
WANTED.

SiIIA ALTON as cook by competent woman V lanndfess or genera housework, city oI couhlfS. slt ltt !. PUTNAM STREET.