Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-04-28
COURT ITEMS.

Scott, for contempt, were dismissed.
H. +. Brown and Thos. Clay drew 50 so
each as witness fees in VIM. Duetscher's
case.
A certificate of SIS awaits Johnnie
Booth at the clerks office In the court
house.
rablo Lucero is now on trial charged
with an assault with an intent to kill one
Franco Rabledo.
j. D. W. Veeder has been appointed by
the court to defend Anderson Taylor, col
ored, in the trial for the murder of Luisa
Mares.
Anderson Taylor, in charge Of officers,
| was on the east side to-day, circulating a
petition for assistance to employ counsel
to defend him.
Geo. w. Weir, the only one of the three
men who were tried for the Blossburg
postofice robbery that was convicted, has
made a motion for a new trial.
The cases Of the following persons were
continued, to-day: s. Gallegos, incest
| Maria Gallegos, incest; VIM. Duetscher,
adultery and Minnie johnson, adultery.
The Albuquerque Democrat Is requested
to watch its dates, especially in legal no.
tees. 1t is an impossibility to hav the
first Monday of any month come on the
eighth day.
In the assignment case of the Clayton
Commercial company, an order of court
has been dled directing the assignee to sell
the entire estate Of that company, both
real and personal, on the 9TH day of May,
for not less than $40, 900, and also appoint
ing A. W. Thompson Of Clayton, tempo
rary assignee of the estate to pass upon
the claim of Robt. p. Ervien, tie present
assignee.
The case of josephine Deserant against
the Cerrillos Coal railroad company,
wherein the plaintiff seeks damages in the
sum of $75,0 200 on account of the loss of
her husband and two sons in the White
Ash coal mine disaster on February 81,
1895, still occupies the attention of the Ter
~ritorial district court. Witnesses for the
defense are now undergoing examination.
-New Mexican.
AN IMPORTANT CAST
In the case of the United tates Us. Den
mis- ct al, an interesting point has been
raised by the court. These defendants are
indicted for violating the quarantine laws,
against driving cattle from the quarantine
| district of Texas to Colorado, and it ap-
pears that the stock In question are not in
fected with any disease, but did come from
the district declared by the secretary of
agriculture to be the area within which all
cattle should be declared diseased and
from which no cattle should be driven.
The statute under which the parties are
indicted forbids the removal of cattle in
fected by any contagious, infectious or
communicable disease, and the secretary
of agriculture in prescribing the rules and
regulations for the enforcement of the law
in question, declares a certain part of
Texas as a diseased district, and forbids
the driving of any cattle from said dis
trict during certain portions Of the year.
The problem under consideration by the
court is whether the secretary of agricul.
tuTo Cdu ny fultS huu T6B uihtlOuS SO COn-
strue the law as to declare by the designa-
tion Of a quarantine district all cattle
within said limits deceased and thus prac-
tically, by such regulations, make stock
actually sound, diseased"
The U. s. attorney approaching this
view, is now engaged in an investigation
of the authorities, it having been here
tofore conceded by acquiesence in the
action of the secretary that 1t was legal
to restrain the driving Of all cattle from
the district quarantined by the secretary.
1t is c%ontended that the legality of the
quarantine against yellow fever is recog-
nized and by analogy, similar restrictions
as to cattle are legitimate, but it will be
observed that in the former case the ex.
istence Of the disease is a fact, while in
the latter, it does not appear. Texas
fever never develops in Texas or in Texas
cattle, but only in other cattle In contact
with Texas cattle, after the latter are re-
moved from Texas.