davidaulloa/AmericanStories huggingface dataset:
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25

the charters been granted by congress
they would have been declsIed void BY
similar adjudication for the Same reason.
The supreme court of the United States In
Linford VI. Ellison, 1855 U. T., p. 159, re-
cited the facts and rulings Of the, cause Of
Ellison W. Linford in the court below,
but did not approve the dicte contained,
or pretend to consider them, and simply
sustained the motion to dismiss for want
Of Jurisdiction.
II must be recognized that the. supreme
court would not inferentially receds from
its position that the powers exercised BY
territorial Legislatures are nearly a. OK
tensive as those exercised by the legisla-
ture of any state. W
Imbued with the views we have enun-
ciated, and endeavorsd TO fortify BY rea-
son and authority, We have reached the
conclusion that the power of the lsgis-
lature to act for itself in providing sub
ordinates in addition TO to those FINISHED
by congress has not been restricted,
either expressly or by intendment BY
any act of congress-, and consequently
that the joint resolution under consider
alton is an enactment within the power
and discretion of the Legislature, under
the Organic ACT, and can not DO ssnnullsd
By the courts.
We beg TO refer to the decision OF the
supreme court Of Oklahoma, Breathwaite
70. Cameron, SO Pac. Rep, 1904, for .
veil considered analysis of the acts TO-
which W have referred and vigorous
support OF our conclusions.
rha Indictment of The loser court II
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25

Wanted-One cent a word each insertion.
Local-Ten cents per line each insertion.
Reading Local-Preferred position-Twen-
ty-five cents per line each insertion.
Displayed-Two dollars an inch, single
column, per month in Daily. One dollar an
inch. single column, in either English or
Spanish Weekly.
Additional prices and particulars given on
receipt of copy of matter to be inserted.
Prices vary according to amount of matter,
length of time run, position, number of
changes, etc.
One copy only of each paper in which an
ad appears will be sent free.
Wood base electros not accepted.
No display advertisements accepted for less
than 81 net. per month.
No reduction in price made for every
o Their day" advertisements.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25
TERRITORIAL SUPREME COURT
Having Disposed of the Contempt Pro-
ceedings and Taken CatrOn and
Spiess Case Under Amusement,
A RECESS is TAKEN TILL NEXT MONDAY
Full Text of Interesting Opinion O.
Chief Justice Smith in Extra
Legislative Employees
Gases.

In the matter of the contempt proceed
ings against Page B. Otero, yesterday
afternoon, the territorial supreme court
formally excluded the oral aud document
airy evidence offered by the prosecuting
committee and accepted Oteros answer
to the interrogatories as full and complete.
Upon this the respondent was discharged.
The court then adjourned until Monday
morning at 10 o'clock.
The interesting opinion of majority
of the court in the legislative employees
cases, handed down by Chief Justice
Smith, is reproduced in full as follows:
In the supreme court of the territory OF
New Mexico, July term, 1895.
noico poco
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25
The Daily New Mexican
FRIDAY. OCTOBER 25.

Notice is hereby given that orders given
by employees upon the NEW MEXICAN nting
Co., will not be honored unless previously
endorsed by the business manager
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25
n Office,
Advertising Rates.

Requests for back numbers of the New
MEXICAN, must state date wanted, or they
will receive no attention.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25
\REG ULAT0 RI

Are you taking SIMMONS LIVER REG
uLAroR, the "KING OF LIVER MEDI-
CINEs?" That is what our readers
want, and nothing but that 1t is the
same old friend to which the old folks
pinned their faith and were never dis
appointed. But another good recon-
1nendation for it is, that it is BETTER
THAN PILLS, never gripes, never weak
ems, but works in such an easy and
natural way just like nature Itself, that
relief comes quick and sure, and one
feels new all over. 1t never fails.
Everybody needs take a liver remedy,
sr.l everyone should take only Sim
.r.ons Liver Regulator.
BE sure you get it. The Red >
% On the wrapper. j. III. Zeilin Is
'.:q.a PHILADELPHIA.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25

Tor the one than Tor the, other,--bOth are
practically absolute within the prohibi-
tions pres cribed. Congress having be-
slowed upon the territorial Legislature
powers but little less, II any, than those
inherent in state Legislatures, it follows
that the said bodies occupy relation to
the other departments of territorial gov
ernments corresponding to that whici,
has prevailed in the states since q J,
foundation of the government. The
have been no adjudication by the suprems
court of the United States antagonix,ng
this as the status OF territorial legisla lures,
and decisions of subordinate tribunals In
conflict must be regarded as erroneous.
A court that In constituting the provisions
OF the Organic law comforting power on
territorial legislature applies the rules
Of construction applicable to similar
PROVISIONS in municipal characters so
conceives the nature Of territorial lsgisla.
lures thet it logically adopts rule of
construction for territorial statutes more
rigorous, less liberal than for laws made
by stete Legislatures, characterised az
sovereign, though they do not possess the
attributes OF such supremacy.
The supreme court OF Arizona in this
ption-to be found in Territory VI.
Daniels, 20 Pac. Rep, l59, and Ellison ".
Linford, rs Pac. Rep, IA, enunciates an
anomaly. The supreme court of the
United States has not 80 degraded terri
torial legislatures, nor 10 there any deci-
sion Of that august tribunal even family
suggesting such inferior status for them.
Territorial Legislatures confer charters;
create corporations. The charters. In
yolved In Territory 70. DANIELS and Lin
ford 70. Ellison (25 Pac. ..744) were sd.
judged unconstt tutional because In che
extension Of cofpSsate limits, land, miles
from the town and ~ sdvantsgsd were
heavily taxed; and private propsstys ~~sa
thus taken without compensation. Had
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25
SOCIETIES..
A. +. Il A. M.

A. +. Il A. M.
Montezuma Lodge, No. l, meets on the
Arst Monday evening of each month at
1880 o'clock, in the Masonic hall, in the
Kahn block, San Francisco st. Visiting
brethren are fraternally invited.
W. s. HARBOUR, W. M.
f. s. DAVIS, SEQ.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25


tion, however, not by the intrusion OF
courts into the portals of a 90 ordinate
department of the government, supreme
in the exercise Of authorized functions;
but by congress, omnipotent over the
legislatures to control them, either en-
larging or abridging their powers.
In IL Howard, 2, the supreme cour,
says: ut seems to Us that the control o.
these territorial governments appertains
to that branch OF the government which
creates and can change or modify them
to meet it's views of public policy, viz,
the congress of the United States"
Ours is government of coordinate
departments, each within Its sphere alb.
solute and exempt from supervision of
the others, and the invasion of either
within the domain of the other is an iu-
fraction dangerous to the preservation of
the genius Of our institutions, and can
not DO tolerated. Better the abuse
power by one branch, than the assum D.
tion of power by another. Courts are
disposed to amplify their jurisdiction,
even to the extent of encroachirg upon
the prerogatives of their co-ordinateo,
and II not confined to their prescribed
limits, would destroy the equilibrium of
our political fabric by undue aggression.
If injustice has been perpetrated by one
department, lees the evil Of enduring il
than the attempt to correct it by another
arrogating to itself q province In deroga-
ton of fundamental doctrine. If il be
permitted to the judicial department to
revise the Legislative, the one is subor.
dinate to the other, Its dignity less, and
departures in contravention of our politi-
cal tenets will be committed.
If courts can, by construction, circum.
vent legislatures in organizing them.
selves, 1t will be difficult to impose
limit to interference by such methods. II
courts can inject phraseology into stat.
utes to impart an import unex pressed,
serious complications will ensue. LeRis.
latrres create courts and judges not to
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25

Good No. frst-class bar and fixtures,
ice-chest, and one good combination bill
lizard and pool table, for sale cheap for
cash. Apply at Exchange Office.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25
S. SPITZ, The Jeweller~
q A NIT A F1E1 N M

Beauty hath charms and all the charms
which beauty likes best to don are shown
in our grand display of fashionable jew
elry for this season. Jewels like these
would enhance the charms of the most
fascinating belle, and surely no fair one
would despite such brilliant aids to her
beauty. Like personal loneliness, they
conquer admiration on sight; they score
new victories at every inspection. Those
who look over our stock do not willingly
stop with examination. Beauty may now
be made easily irresistible by few judi
cious purchases from our display of up to
date ideas in every kind of jewelry.
Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25
WOODMEN OF THE WORLD.

WOODMEN OF THE WORLD.
Coronado Camp No. 3, Woodmen of the
World, meets on the second Thursday
evsning Of each month at 8 O'Clock, in
Aztlan hall, I.O.O.F. Visiting sovereigns
are fraternally invited.
J. B. BRADY, Consul Comdr.
J. B. SLOAN, Clerk.
Fine AcBrsyer whisky at Colorado sa.
loon.
You can get engraved visiting cards at
the New MKxIoAN, or have them printed
from your plate IL You have one.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
Proceedings of Both General
Assembly Branches.
THE CURRENCY BILL UP.
Its Fate Fixed by a Test Vote
Today.
Other News of the Day by
Wire.

SrRINGFIELD, H., Jan. 9.-The
galleries of the house were crowded
at the opening of the legislature.
hundreds being unable to get in.
The house was called to order at
noon. Thomas B. Needles, of WASH
ington county, was chosen temporary
speaker by vote of 80. to 81 for
Thomas Ferns, of Jersey county. The
list Of temporary officers was then
completed. In the senate Lieut..
Governor Gill wrapped the body
to order. The republican caucus
nominees for secretary and sergeant
ut arms were ratified. Chief Justice
Wilkinson administered the oath to
the newly elected senators. Senator
Bogardus, of Ford, was chosen
president pro ten over Senator Ma
honey. democrat. by a strictly party
vote The committees To notify the
house and the governor that the SEN
ate had organized were appointed
and the senate adjourned till tomor-
row morning.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
ONLY VENEER OF CIVILIZATION.
Japanese Are Still Barbarians IL You
Scratch Them

Scratch Them.
LONDON, Jan. Q The Times in a lead
ing article on the Port Arthur massacre.
says: Not only on the day of battle and
in the heat of victory, but for four days
after did the japanese soldiery give them
selves over, apparently without check
from their commanders, to indiscrimin-
ate massacre, carried out with every re-
voting circumstance of primal barbarity
Troops of prisoners tied together
were riddled with bullets and then
hacked to pieces. Boats crowded with
fugitives of both sexes and all ages re
ceived volley after volley. The streets
Were encumbe-ed with corpses, showing
every ghastly form of mutilation which
Oriental cruelty has invented.
What, perhaps, is the strangest thing of
all, showing the total, even if temporary,
disappearance of European veneer, is the
absolute Inconsistencies shown by the
Japanese officers of the-effect of these bru-
talities upon western visitors. At Port
Arthur after real fighting and real provo
cation the artificialities of Hiroshima dis
appeared like snow in the sun. 1t recalls
the fable of the cat changed into a bcauti-
full woman and who played the part to
perfection until in the midst of banquet
"A mouse was allowed to run across the ta-
BILE. This appeal to fundamental instincts
proved too much for laboriously acquired
habits. The woman disappeared and the
cat stood revealed
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09

WASHINGTON. Dee. 9. In the
house today the currency question
came up in the presentation of a
special order from the committee on
rules. 1t provided for the closing of
the general debate on consideration
of the Springer substitute or original
hill under the 5-minute rule today.
tomorrow and Friday. until 4:50 p.
m, when it provided for report o.:
the bill and pending amendments to
the house for final vote Sat-
urday. Immediately after the
morning hour. After wrangling
and protests by Bland and others.
member demanded the previous
question. The republicans voted
solidlv with the democratic oppo-
meats Of the measure, against ordering
the previous question. and it was de-
feated bv vote Of 80 to l0l. Outh-
waite demanded the yeas and nays,
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
DEBS EFT. Al. GO TO JAIL.
The A. Il. L. Men Are To BE Confined in
McHenry County.

CHICAGO, Jan. 9-Lltc yesterday after
noon Judge Woods issued an order COM
mitting Dcbs and his associates to the
Woodstock Jail, in Henry county. The
prisoncrs-Dcbs, Rogers. keliher, Hogan,
Burns, Goodwin and Howard-left for
Woodstock last evening. Their attorneys
requested that they be sent out of the
city, as the Cook county Jail was over
crowded. Debs at first objected to the
change. on the ground that they could
not keep before the public if sent to n
country Jail. His associates. however,
prevailed on him to agree To the transfer.
Darrow will not leave for Washington
until tomorrow with an application for a
writ of habeas corpus before the supreme
court. Walker said that government
would bc represented mt the hearing be-
fore whatever justice Darrow took the
writ by Attorney General Olney. There
will be an appeal, he added, from the de-
cision however it went, and it was ques-
ton if that appeal must go to the supreme
bench or To the CIRCUIT court of appeals.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
which resulted in yeas, 122: nays,
129. This is decisive test vote
which practically kills the bill.


PERRE, S. D.. Jan. 9.-The failure
of W. w. Tailor, the out going state
treasurer, to appear to turn over the
office to his successor yesterday,
started rumors flying and an inves-
tigation. Taylor cannot be located.
but his bank at Redfield closed its
doors last evening. He is short a
large amount of state funds, just
how much cannot be learned. The
office shows about $3.50. 0e0 should be
on hand, and the public examiner
has not been able to secure a state
ment of where the funds have been
deposited since last April.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
RITCHIE'S ATTACK.
Judge Ricks' Reply to His
Latest Assailant.
RECORD OF THE CASE STATED
And the Judges Answer Corroborated by
Two Other Judges, as Two Other Judges
Had Also Agreed with Him So far as He
Was connected with the Cause Com
planned of-Judse Burke Laughs at the
Charges.

Charges.
CINCINNATI, Jan. 9-Judge Augustus
j. Kicks arrived here from Cleveland to
sit on the court of appeals. He spent the
evening with Judge Taft and others. He
had not heard of the Ritchie memorial
until he read the evening papers. To a
representative of the Associated Press he
made the following statement:
''Some four or five years ago the Nc
Mullers brought suit in the United States
circuit court at Cleveland upon a judg-
ment which they recovered in Canada
against ;. j. Ritchie of Akron, O., for
some S300,000. The record showed per-
sonal service on Richie in Canada.
When sued upon the Judgment in the
United States court he claimed the right
to plead dcfenses which he should have
made in the original suit in Canada.
Tried Before jackson and Kicks.
1.-THE case was tried before United
States Circuit Judge jackson (now of the
United states supreme court) and Judge
Kicks. The latter wrote the opinion of
the court which waA concurrcd in by
Judge Jackson, and in that opinion the
court held that the Canada judgement had
the same force and effect as the judgement
of n court of one of the states of the Un-
ion and judgement was given in favor of
the McMullers upon the Canada judge
ment with interest. A writ of error was
taken from the judgement to the supreme
court of the United States, where it is still
pending. The court has had it under ad-
visement for years.
Filed n Creditors Bill.
'1n due time the McNIullers filed
l.t1l t,., Il,
tanned above stated, and made Judge
Stevenson Burke. ex-senator Henry B.
Payne, ~ B. Mcintosh of Cleveland, and
the Cornell estate of Akron, all parties
defendant, seeking to reach assets and
credits i'll their hands to be applied to the
satisfaction OF their Judgment. This case
i'm due time was heard upon its merits by
United States Circuit Judge Horace ii.
Lurton and Judge Kicks. Judge Lurton
took all the papers in the case to his home
in Nashville, and after months of careful
consideration wrote n very exhaustive
opinion, deciding the case upon nearly
every point against Ritchic. This opin-
ion was concurred in by Judge Kicks.
Judge Kicks Fully Sustained.
$50 that in both decisions rendered in tho
cases, Judge Kicks was fully sustained SO
far rs he participated in the cases by
Judges Jackson and Lurton. If he made
any interlocutorv orders and they were
complained of, they were fully reviewed and
covered by Judge Lurton's final opinion
on the merits of the case. These are the
facts as they will appear from an examin-
alton of the records of the court, and fur
thcr than this Judge Kicks declined to
make any statement, dccming the other
matters too trivial for notice"
Ind 90 Taft road fbn nhnva opl from,
knowledge of the case concurred therein.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
HAS A MISSION TO PERFORM.
Michigan Editor Informs His Enemies
just What's What.

ASHLEY, Mich, Jan. The editor of
The News, G. Il. Armstrong, who was
horsewhpped by Cora Hasbrook, sur
prised the village by going to the post
office carrying a Winchester rifle and two
rcvolvcrs and a belt filled with cartridges.
Nobody molested him, and later his pa
per came out with the following an
nouncement referring to persons who
would harm him:
ITO all such persons we Will saw that
we long ago learned to have no fear of
leaden messages; in fact. good share Of
our life has been spent among people who
generally shoot first and blowcd about it
afterwards
To the woman he said:
'Horsewhips hold no fear FOR Us, and
right here, old girl, let US rise to remark
that if any of your sncaking, w-iivcd
gang wish to try that kind of medicine
on us again, we warn yuu that all il will
cost them will he their OWN doctor bills.
We have started to purge this locality.
and we will do it or die in the attempt"
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
Rally of Old Soldiers.

LANSING, Mich, Jan. 9.-Arrangcments
are being made for rally OF old soldiers
to be held here some time during the
month of March. The occasion will be
one of particular interest To survivors of
the seventeenth, Nine,centh and Tween
ticth regiments Of infantry, as on the
day to be selected the co,ors of these regi-
ments, which werelost during the war.
will be returned The flags were recov-
cred through the efforts OF Senator Pat
ton, and will be forwarded to this city 20
be preserved in the state museum.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
EIadsionc Goes to Cannes.

LONDON. Jan. 9-Mr. and Mrs. Glad
stone have left London for Cannes \
large crowd gathered at the railroad sta
ton to greet them and chccrcd the travel
ers heartily as they appeared and as the
train drew out of the station. Among
those gathered to see Mr.. and Mrs. Glad
stone off for the continent were several
nobiltics of the Liberal party, including
Sir Alccrnon West, Lord Wclby, Lord
Rose5ery's private secretary, and Canon
Wilberforcc.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
No COMPROMISE Candidate

DOVER, Del, Jan 9.-As the time for
the senatorial caucus draws nigh the
fight for the combination grows more bit
ter. There will be no compromise candi-
date. Or, at least, that is what the lead
crs OF the opposing forces say With the
Addicks followers it is ''AGdicks or no
body and with the Higgins adhercnts
it is the same-'1iggins first, last and all
the time
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
The Grin in New York.

NEW YORK, Jan. 9.-The vital statistics
schedule for last week show that there
were in this city seven deaths from the
grip and Ia from pneumonia, of which
latter about one-half were the result of
primary grip. At the office of the health
bureau it is said that there are fully 500
eases of grip under treatment in the city.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09
The Judge Admitted His Error.

KANSAS CITY, Jan. I-Judgc Phillips in
the United States court granted new
trial in the Fraker insurance case. The at
torneys for the defense argued that Judge
Phillips had erred in allowing them but
three pcremptory challenges Judge
Phillips admitted his error and granted
the new trial.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-09

Cook County Representative the Choice OF
the Caucus.

SPRINGEiELD. H.. Jan. John
Meyer, of Cook county, was last
night nominated for speaker OF the
house by the republican caucus on
the first ballot, receiving IS votes,
one more than a majority. John W.
White, of Whitesidc county. had 20
votes: Z. L. Needles, Washington
county, IS, and W. &. Cochran. of
Moultrie, IL. In this order they
united in moving that the nomina-
ton OF Mr.. Meyer be made unani-
nous, which was done.
MIR. Muir, who had been n candi-
date all the time, and was reputed to
have some strength in the Cook
county delegation. made the nomi-
mating speech for Mr.. Meyer, and he
ceived the entire vote of the county.
Chicago Men Had 1t All Fixed.
The Cook county men enthusiastically
claimed that the nomination would DO
made by acclamation. Needles, of Wash
ington, il was reported, had decided to
withdraw in Meyers favor. White and
Cochran the other candidates for speaker,
had decided that it was about time to close
up shop The whole business was to be
clinched last night when the Republican
representatives met in caucus at the Lc-
land. 1t was believed that Meyer would
be the only candidate presented. That
was Cook county talk, and the men who
talked that way believed all they said
and it was well, when weighing the prob
abilities to remember that they Were all
old politicians. George B. Swift said yes
teriay: Il guess We will go back home
tonight. There is nothing to be done for
Meyer. He seems sure of election, and
there is too much politics here for Us to
do much for civil service"
Culiom said to Have Split Cook.
AS for the scnatorship 1t seems that each
active candidate claims the earth. Medill
is laying low" One thing asserted with
much confidence by Cullom men is that
Cullom's efforts to prevent the Cook conn
" delegation from agreeing on Chi
cago candidate for senator have so far
been successful. The delegation is split
up into three or four factions. 1t was said
that the Chicago leaders tried To unite the
carry their point. Nomeeting was held. but
little quiet button-holing was done. The
result showed that none of the four Chi
cago candidates has the solid support of
the delegation. Mr.. Medill made the best
showing, however. The senatorial caucus
will probably he held next Tuesday night.
Cuilom is confident of election, but the
caucus will show who is right.