The state herald., 1903-10-16

an opinion to the effect that not to
use water granted ditch does not
necessarily show abandonment There
must be the expressed intent of abon-
donment before the water rights can
be said to have been forfeited The
opinion was written by Justice Cab
bert.
Mark Woodruff, state register of the
Land Board. on the Sth inst sent no.
tice to A. Il, Gumaer of Fremont coun
ty that he was delinquent in rentals on
leases due the state $500. He has
about 10000 acres under lease from the
state In Fremont county. He was CIV
en- thirty days In which to make the
payments to the state, He is one of
the stockholders of the Boston Land
and Cattle Company, one of the largest
cattle concerns In the state.
Nominations by petition were filed
October Bird with the secretary of state
for Claiming Sweet for Judge of the
Supreme Court for the Socialists. Frank
w. Overs for the Peoples party,
Charles A. Chapman for Judge of the
Fourth judicial district by the Peoples
party, and Charles L. McKesson for
Judge of the Fourth judicial district
by the Peoples party. The lists
showed all the way from 100 to 800
names, Judge Overs having the great
er number OF names on his petition.
AT recent meeting of the State
Board of Pharmacists at Denver the
following passed as registered pharma-
cists: John NJ. C. Barger, Arvada; A.
w. Benson Pueblo; Guy Butler, Boul-
der; Clai ence A. Cassada Denver; Car
| II pln an A
son, Denver; John r. Dawson, Pueblo;
Ernest +. Freytag, Colorado Springs;
Edwin Johnson, Sugar City; Edward
Denver; Frank G. Thedick, Denver;
Richard Smith. Denver, The next meet
ing of the board will be held In Den
yer December 18th and 12th,
State liquor licenses are being rap
idly collected by the Office of State
Treasurer Newton. At present there is
from $500 to 5000 day coming in from
this source. On the 9th instant there
were eight licenses brought in, and this
is about the general average for the
day. This is the first time that the IL
censes have been collected by the state.
and the results are gratifying TO the
state officials. The license for the
state is SIS. and saloon keepers all
over the state will be required to pay
it. The clerical force of the treasur-
er's Office has been busy for some time
sehdihg out notices TO the saloon keep
ers.-Denver Republican.
The case in which Mrs. Elizabeth
Roberts got verdict for $4,000 against
the Denver City Tramway Company in
Judge Palmer's division of the District
Court, will be taken to the Supreme
Court as a test case. Attorney c. j.
Hughes. Jr., has filed a motion for
new trial on the ground that the court
erred In refusing to make the plaintin
undergo physical examination by
some physician appointed by the court.
Mrs. Roberts was injured in an acct
dent. Whether or not the court has
the right TO compel n woman to under
go an examination by a strange doctor
is point upon which the laws of the
various states differ. Judge Carpenter
and Judge Palmer have both refused
to compel women In personal injury
suits to undergo the ordeal.
In the case OF the board of county
| commissioners of the county of Gun
nison against Joseph Sims. the judg-
ment of the lower court was reversed
by the Supreme Court on the 9Th in
slant, and the board of county com
missloners viii not have to pay the
coupons OF the bonds issued under the
| refunding act of 1881. In the lower
court Judgment was given Sims In the
| sum of $1,000 for the coupons which
he alleged he had exchanged for pre-
existing valid warrants. purchased by
him In good faith. The court suggests
| has lao fnr N IN
tain Judgment is to mandamus the
county officers to pay the semi-annual
interest until enough money Is in the
county funds to pay the whole debt.
The United States Land once at
Denver has finished It's official report
for the quarter ending September 3Oth.
The receipts OF the office fall below
those for last quarter. butthe yolumeot
business done is greater Following
is the report. Cash Receipts-Seyen-
teen commuted homestead entries, .
$40 acres, $3.50; fourteen excess cash
entries. $3.50 acres. s9225. sixteen
public sales. l.O5l.i3 acres. si.5Gi.2i.
seyenty-hve mineral entries. embrac-
Ing 92O75 acres. 5000: thlrty-three
timber and stone entries. I,322G5
acres, slO,9S3,Gl twenty-siN original
desert land entries, 5.2s3.63 acres. 81
320.9l; eleven final desert land entries
2.l20S2 acres. s2l2O9O: total cash
sales, 1864 acres. s2S.299.9l.
The annual report Of Theodore G.
Lennon. superintendent OF the Grand
Junction Indian School. says that since
the last report there has been a de-
cided improvement In the general APP
pearance Of the plant. due largely to
the growth OF trees and shrubbery and
the application OF paint. There has.
however. been no Improvement In
either conditions OF water or sewerage
systems. except that plans for the sys-
tens have been decided on. There Is
great room for Improvement In this
direction. Superintendent Lennon
urges an appropriation for new mess
hall and employees quarters, suggests
dining hall capable OF seating $50
persons and employees quarters OF ten
rooms. and also recommends that So
500 should be Appropriated for con-
struction OF superlntondents cottage
The State Board OF Pardons met oc.
tober I'd. In the office OF the Governor
No one was pardoned. one sentence,
that of John Buzanes. sentenced from
Teller county. August II. 1909. was
committed. The original sentence was
from i've to seven years for attempted
murder, The sentence was commutod
10 from eighteen months Ia seven
years. Tais win give him the right
TO ask for parole about next Christ
mas John Bulnnos was sentenced To
tie peuit'ntinry for attempting TO
XIII Nicholas Rnycdy In 1909 pnrdona
were refused In the following cases:
John T. Black, Ventura Lopez Vol
Anderson. y SantiHtiyan. l.. G. Thomp.
son Eugene clark, jose Medina, ChaH
SeaHiOne Isaac Franco, Santiago Ar
gullo. John Williams. G, g. Duncan and