Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1900-08-27

mtni IN It's Efforts % Infringe upon the
rights which the people Of New Mexico
and Colorado have to the use OF the
waters of the Rio Grande and It's tri.
bGtaries, and to pandcr to the interests
OF a few political schemers and town
lot boomers owning lands on the inter
national boundary line at El Paso and
Juarez, Mexico. The supreme court in
passing upon the case sent Il back to
the Third judicial district Of New Mex
ic1 FOR further investigation on the
point whether the imTuunding OF wa
teri at h Elcphnat Butte site would
serve naturally TO decrease the flow in
the Rio Grande at that point where the
stream was admitted to be- "~navfgable"
500 miles below III Paso. Judge Par
kcr heard the case. and decided II
against the government, and the federul
attorneys appealed TO the territorial SUI
preme court on fourteen assignments
Of error. among them being one to the
effect mat ''the statement Of facts con-
tanned in the courts finding does not
Justify the court In finding as a matter
Of fact and concluding therefrcm that
the amount cf water prUposed to be APP
IAAli iaAth diih litlSfuihtu ~ FsltVIltINN
Butte by the defendants win not sub
s%tantially diminish the n~avigable ca
pacity Of the Rho Grande Within the
present limits OF navigabilfty. That the
cunt erred In refusing to reopen the
case upon application Of the plaintiff
and to permit the obtaining Of addition
al evidence to establish facts necessary
10 a proper determination of the case
Chief Justice Minis wrote the opinion
In the case, holding that there was no
error in the proceedings in the lower
court, n fully sustaining Judge Par
ker's decision. United States Attorney
w. h. Childers CAV no notice of appeal
n in response to reportorial inquiries
stated he was awaiting Instructions
from Washington.
In h case OF the United States VS..
Haynes ct al, a Dona Ana county Grim
ina case. an order was entered modify
Ing the Judgment OF the court In ac-
cordance with the mandate from the
United States court of appeals. and the
district for the Third judicial dis.
trict viii proceed accordingly to sen
tence defendants to eighteen months
Imprisonment In Jail. In 1897 Joseph
Haynes, William johnson, William f.
Gilliland and Wilson Kountz, of Dona
Ana county. were convicted of white
Gaping "a man named clifford. They
donned masks and with firearms ran
clifford off of several mining claims
which he had located. thereby ~aonspir-
ins to prevent him frum exercising the
rights guaranteed him as an American
citizen. On the many counts In the
indictment uhey were found guilty and
sentenced to eighteen months impris-
onment. but on no one separate count
We're they sentenced for more than one
year. The court Of appeals decided that
under these circumstances they could
not be confined In the penitentiary at
hard labor, but rules that they shall
serve their sentence In the county jail.
Formal charges against John d.. w.
Veeder. of Las Vegas. for violation Of
professional conduct with respect to the
treatment OF clients were filed with the
court by a committee composed OF
Messrs. A. b. Fitch. Summers Burkhart
and w. II. Pope, designated by the
cou as such committee, and acting
with solicitor General Bartlett, secre-
tary OF the New Mexico bar association.
Mr.. Needcr was given thirty days In
which to file answer To the charges, and
George Z. Money OF Las Vegas was APP
pointed to take Testimony in the case
TO be reported at the next term OF
court.
The court then took an adjournment
u January s. 1901, which has the effect
of continuing the present term TO that
date the day before the opening OF the
regular term for the next year.
Including those announced yesterday
twenty-five opinions have been handed
down at this session Of the court. One
of the more important cases decided Is
THAI Of the United States Trust COM
pany of New York VS.. the Territory.
which Involves the right of Bernanllo
county to tax the roadway and i'm
provements Of the old Atlantic & Pa
cihc, now the Santa Fe Pacific railroad.
The lower court has twice decided that
the county had the right TO tax, and
once the United States supreme court
has passed upon the subjct. The de-
cision yesterday was again favorable TO
The county, and gave a judgment for
over s6l, 900 against the rail-
road company. Notice Of appeal to the
United States supreme court, was at
once given.
Ihe case OF Stlumm W. the City of
Albuquerque involved the right OF The
CITY authorities to enter upon Staman's
premises and clean out and reopen the
celebrated mill ditch." The opinion
holds that Stamn may legally restrain
the city frOm entering upon his prop
erty for this purpose.
The case Of Canovan VS.. Dugan per
tains to the accuracy II the public land
surveys in the vicinity ~ Gallup. and
grows out Of a controversy over title
10 20 acres of coal land, The decision
o. the lower our WIS affirmed.
In the case Of Harry ID. johnson VS..
Frank Mcclure, the count ruled that an
aTahiiedt had a right 10 place "A lien
ulon a building to secure payment for
services rendered In the erection there
OF and In the case of Kari A. Snyder
The Board Of Education Albuquer-
que there was a ruling u very great
moment TO members OF such boards.
While acting as a member Of the school
board Mr. Snyder performed some le-
g1l DUTY In behalf OF the public schools
ana when he presented a bin for pro-
t'ssional services the board declined
10 pay It. The court rules that a bill
Tor legal services rendered. under such
circumstances Is not collectable.
The Alamogordo News says: Miss
Susie Chittenden left A~lamogordo
Thursday afternoon for A~lbuaueroue.