Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1900-09-01
THE SUPREME COURT.
JudgmentOf Lower Court In Elephant
Butte Dam Case Affirmed.


NN'.HHIUM
O'Clock Friday morning. Chicf Justice
W. ,. AfiEs presiding. Aasocat Jus
tlces Orynugackcr and Parker prea-
ent. Opinions were announced In the
following caacs;
FIRST National Bank Of Albuqueraue
va Arthur NJ. nhclcwen; affirmed.
~. W. Congshaii u al W. John u.
bushnell; reversed and renandcd.
Henry f.ooichnrt W. "a. G. Leeds. ar
flrmod.
United States w. the RIO oranda
Dam and irrigation company affirmed.
The htter IL what "a known ne the
Elephant Butte dam oaae. and rs by far
the fuosi generally interesting So New
Mexico peUpic Of ali the eases dccidesi
at this tcfln, This decision auandhs az
another defeat for the uuiaioBai GOVERN
mcnt IN hs efforts o. infringe upon the
rights which The people Of New Mexico
AMI Colorado have 40 the use Of the
waters 81 the Itio Ggande and "a trl-
butarica and TO pandef % the interests
~ q few political rctemegs and town
LOT boumerH owning lauda on the Inter
notionEl boundary line az El paao and
Juaroz Mexico. The supreme court In
passing upon the case sent II back to
the THIRD judicial district 81 New Mex
leo for further investigation on the
point whether the ifnpounding % wa
tors ~ the Eicphnut Butte site would
serve naturally 10 dcorcase the flow In
thf RIO Gnnde AT that poins where tho
stream was admitted TO be- 'nayigable"
800 miles below III paso. Judgt Par
kcr heard the case, au.i decided 1t
against the government. and the fcdorui
attorneys appeaicd 70 the territorial su-
rrcnc court ca fourteen assignments
Of efsor. ani1ng them being one 10 the
effect that 'the statement % facts con
tainei In the courts finding does NOT
justify the court IN inding az n matter
of fart ana concluding thcrcfron that
the amount ~ water pfvIsoeed to be ap
prypriated and impoundea az Elephant
Butte by the defen,lohsa win not sub
atantiaiiy diminish the navigable ca
pacity % the Rio 0anda wiuhin the
present limits OF navigablity. That the
court errcl Ia refusing 20 reopen ne
case upon application 0f the plaintiff
and to permit the obtaining OF addition
al evidence 90 establish facts NECESSARY
- proper determination Of the case."
Chief Justice Mills wrote the opinion
Ia the case. holding that there was no
error In tha proceedings In the lower
court, and fully sustaining Judge Par
ker'a decision. United States Attorney
w. y. Childors gave no notice OF appeal
and In IcspOnse 20 rtgortOriai inquiries
stated he was awaiting Instructions
from washington.
IN the case % the United States W..
Haynes ct AL, Dona Ana county Grim
lual caae. an order was eu,ered modify-
Ing the Judgment % the court In ac-
oorianre with the mandate fnora tho
United Stgtes court oi appeals. and me
district court for the Third Judicial dis
trlct wnl proceed accordingly % sem
toncc defendants 20 eighteen months
imprisonment In JAIN. In 1891 Joseph
fluynea. William johnson. william r.
Giiliiand and Wilson Kounsx Of Dona
Ana county, were convicted 81 white
Gaping" a man named Glnord. They
donned masks and with firearms ran
clifford on of several mining claims
which be Rad Iocatei. thereby conspir-
lng 20 prevent him from exercising the
rights guaranteed him az an American
citizen. ON the ilany counts IA the
indictment obey were found guilty and
sentenced 20 eighteen months impris-
ounient. hut on no one separate count
were they sentenced for more than one
year. The court ~ appeals dcCidSd that
under these circumstances they could
not be connned In the penltentiary az
hard labor but rules that they shall
aorve their sentence In the county Jail
Formal charges against John -. w.
Noedcr, of Las Vegas. nyr Violation ~
professional oonduui with respeci 90 the
treatment Of clients were iilci with the
court by "A committee composed Of
Messsu. A. y. Fitch, summers BurkhAn
and w H. P0pe. designated by the
court as such eommtttec. and acting
with solicitor General Bartlett. sccre-
tary OF che New Mexico iar association
Mr. vccier was given uhirty days In
which 10 nle answer % the ohaTwes, and
George =. Money OF Las Vegas was APP
pointed 60 take Testimony IA enc case
"a be reported az the next term Of
court.
The court then i0ok an adjournment
% January ), 1901. which has the effect
Of continuing tho present term 10 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 AZ this session of the curt. One
% the more important casoa decided is
thaR % the United States Trust own
Iany Of New York Va the Territory,
which involves the riEht OF Bernalllo
county 10 TAX the roadway and Inn
provements 81 the old Atlantic 4 Pa
ciiic now the Santa Ire Pacific rallFoad
The lower court has twice decided that
the county had the right 70 tax, and
once the United States supreme court
lHa pnes-.i upon the subject The de-
cision yesterday was again favorable 60
the county. and rave a Judgment for
something over f6i. against the rail-
road o0npany. Notice OF appeal 20 the
United States supreme court, was at
once given.
The case o. Stnsnm w the City Of
Aibuquerque involved the right OF the
city authorities % enter upon stamm'e
premises and clean out and reopen the
celebrated "mp ditch" The opinion
huidf thset vi4altan may leEally RESTRAIN
The city from entering upon his prop
erty for this purpose.
The oaae o. Canovan W. DuEan per-
tain8 % the accuracy - che ptIDlic land
Surveys IN the viclnlty 81 Gallup, and
grOws out q controversy over title
% 20 acres Of coal land The decisi0n
~ the lower court WIS affirmed.
II the oase ~ Harry ID. Johnson w,
Frank Mcclure. the oOart ruled THAI an
arsihftect had a right 90 place a lien
upon a building 20 secure payment for
services reudored In the erection there
o. and IN the case % Kari A. snyder
" The R0ard 81 Education Aibuggeq-
cue, there was a ruling % very Freat
moment 20 members u such boards
While actlng az a member OF the sgshoos
board, Mr.. Snyder performed some ie-
sal duty in behalf % the public schools
and when ne ureaeutoi a bib for Dfsj-