Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1901-07-13
IMPORTANT DECISIONS
HANDED DOWN
Judge McFis Today Decided Fonr Gases Of
Considerable Moment That Have Been
Pending Before Him.
CAROTHERS WINS ANACONDA SUIT

| Judge McFie today handed down de.
csions in four important cases that
/ have been pending before him for some
time. The first was that of James
| Carothers VS.. Lizzie F. O'Brien, ct al
This he decided in favor of the plain
! tiff on all the issues. Carothers applied
for patent on the Anaconda, Beauti-
full Boy and Ingersoll mining lodes in
southern Santa Fe county. The local
land Office refused to allow the plain
tiff to make final entry and to pay for
the land because the records of the
land office disclosed a conflict between
Carother's claims and the Galena King,
Silver King and Bonanza which were
claimed by Lizzie F. O'Brien, J. P.
O'Brien, Thomas B. Catrol Eugene A.
Fiske Robert c. Gortner, ". E. Gort-
ner and D. w. Manley. The decision of
the court sustains the locations of the
Beautiful Boy, the Ingersoll and the
Anaconda in SO far as they are in con-
fiict with the defendants claims. The
contest as to the Anaconda is a con-
test between the plaintiff and T. B.
Catron who claims to have purchased
from D. w. Manley the disputed land.
given to Manley was not an absolute
conveyance of the land but was given
in the nature of security from which
there was a right of redemption. The
plaintiff rendered the amount of money
due under the instrument which was
declined and the court holds that Car
others who purchased from A. Meg.
Hendry is the owner of the Anaconda.
The case of Edward Miller VS.. Alph-
onso Dockweiler and Henry Pohlman,
involving valuable water rights on the
Tesuque river was decided by the
judge today. The court finds that
Pohlman has the first water right; that
Miller has the second water right and
that Dockweiler has the right to con-
duct surplus water from the river
through his pipe line at all times when
it does not interfere with the prior
rights of the Pohlman and Miller ran
ches The prayer for an injunction by
the plaintiff to restrain Dockweiler
from appropriating water at any time
through his pipe line Is denied.
The costs were divided,
The third case decided was that of
the territory Of New Mexico VS.. Mich
ael Hart and the sureties on his bond.
Hart was appointed coal oil inspector
by Governor Thornton and the terri
tory claims that he failed to turn over
to the territory the $1,000 he had col
lected as inspection fees. This is a
suit brought to recover from Hart and
the terms of his bond. Hart made no
defense and judgment by default was
rendered against him. A demurrer was
interposed by the counsel for the
bondsrnen setting up that the act OF
the legislature under which Hart was
appointed was in violation of the co,u-
merce clause of the constitution Of the
United States and secondly that the
territorial legislature of 1889 having
amended the former act Of the ligis-
iaLulC lhCiCpy oCpilFCo tAAO tSiAAtoAy VI
any remedy by suit on the bond. The
court in this decision overruled the de-
murrer of the defendant holding that
the defenses set up by the demurrer
were not legal defenses to a suit on
bond and were not available as n de-
fense when plead by the sureties. The
defendants were allowed 80 days in
which to answer the complaint.
The court also decided the case of
the territory of New Mexico VS.. w. E.
Martin ct al. which was a suit precise
ly similar to that of the preceding one.
Demurrers were interposed by the
principal and also by the sureties on
the bond, raising similar questions to
those raised in the suit against Hart
and others. The court overruled the
demurrers IL this case also for the
reason stated in the case against Hart
ct al. The defendants were also al
lowed 30 days in which to answer.