davidaulloa/AmericanStories huggingface dataset:
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
Big on Knnonas andS Shirt Waists at PRICE CO

to whose use no third party can of
fer any objection, save only when
such use, as by flooding, Injuries the
property of such third party.
| am of opinion, however, that this
view cannot be maintained. Artesian
wells, according to accepted scientific
theory are the outflow of a subter-
ranean body of water held under
such pressure that wnen an opening
by the sinking of a well is made, the
water comes to the surface, and in
many instances rises to considerable
heights above the surface. The wells
do not have separate sources, but at
a common source. The consumption
of water necessarily takes from the
amount in this common source, and
TO some extent affects the pressure
by which sucn water is through the
several wells raised to the surface.
is, therefore, matter for concern
not only on the part of the owner of
the particular well, but on the part
of the community interested as it is
in the development to the fullest ex-
tent of all nature'SI resources. While
yielding to the owner the use of his
well to the fullest extent for benef-
cial uses, 1t is the province of the
Legislature to say to him that the
improvident or wasteful use of such
well shall not be permitted in the
interest of others who would be dam
aged by having their water supply
diminished. and of the public which
is entitled to insist that water should
be used economically
A very instructive discussion of
the origin of artesian wells and of
the necessity for legislation to guard
against the exhaustion of the artesian
basin is found in l Johnson's Univer-
sal Cyclopedia p. 247-349, title ''Ar-
tesian Wells,' wherein, among other
things, it is said:
Most of the artesian wells show
gradual decrease in the amount of
water discharged, this resulting eth
er from the well being gradually fill
leaking into pervious strata, Some
times, however. the diminished flow
is due to a gradual exhaustion Of the
basin or rocks containing the water,
due to the fact that the discharge
from the wells nearly equals the am
cunt entering from the catchment
area of gathering grounds. Artesian
areas in California, Colorado, Utah
and other localities nave been so
completely developed. and SO many
outlets provided, that the wells on
the higher grounds have ceased to
rains. AS settlement advances it
seems probable that all artesian areas
will gradually approach this condition
unless protected by efficient legisIa-
ton. Already in many states laws
against the wasting of artesian wa
ters have been enacted, and the at
tempt has been made to compel own
ers of wells to stop the flow at times
wnen water is notIneeded. By this
means draining of the saturated beds
can be in part prevented, and the
wells will be less apt to interfere with
each other
The New Mexico act was doubtless
intended to afford the efficient leg
islation' which. as suggested by this
authority. was omitted in California
and elsewhere, and being such it is
valid exercise of the police power.
The motion will accordingly be
overruled.
wM. H POPE, Judge.
May 2sth. 1906.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
To Prevent Prize Fight.

Harrisburg. Pa, May Ex-Governor
Pennypacker declined to make any
comment today on his action in ord
ering the state police department to
prevent fight between FitZsimmons
and Burns at the Tuxedo Athletic
Club at North Essington tonight.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
CONFERENCE ON RATE BILL.
Separate Coaches for Negroes Cause
Republicans Much Worry.

separate CoacneS for negroes cause
Republicans Much Worry.
Washington, May 29.-At the two
hours session of the conferees on the
railroad rate bill today number of
undisputed amendments were agreed
upon tentatively, and considerable
time was devoted to discussion of the
so-called "Jim-Crow" car provisions
This amendment has given the Re
publican conferees soYe concern be
cause of the opposition made by the
northern negroes against the alleged
principle involved in the separation OF
the races. Senator Tillman announc
ed that he would not consent to any
change of the senate provision.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
PRESIDENT AT PORTSMOUTH.
Will Deliver Memorial Address Be
fore Army and Navy.

Washington, May 29.-President
Roosevelt leaves this afternoon for
Portsmouth, Va, where tomorrow he
will delivera a Memorial Day address
before the Army and Navy. The trip
to Portsmouth will be made on the
cruiser Mayf1ower
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
Decoration Day Services.

In pursuance with the proclamation
of the President of the United States
and the Governor of New Mexico,
all who wish TO participate in the
decoration of the graves of our old
soldiers, both of the Blue and the
Gray. of Roswell, N. NJ. will please
meet at the South Side Cemetery
promptly at 10 a. m. or at the Court
House All q. m Also bring such
flowers as you may have Convey
ances win be at the Court House TO
carry the flower girls to the GENE
terry.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
No Meeting Wednesday.

The Woman's Club will not meet
on Wednesday afternoon on account
of its being Decoration Day The next
meeting will be held on Wednesday,
June 9Th at the Carnegie Library. 2t
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
shippinq strawberries.

Clement Richardson shipped about
thirty dollars worth of strawberries
today through the Roswell Produce
and Seed Company. This is the first
lot of strawberries that has been
shipped this season to the outside
markets
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

FOR SALE OR RENT=.-Six
room Bungalow, also large g.
room cottage, south fronts on
block adjoining and east of
Military School. Hot and cold
water baths, closets and barns
Sam Atkinson. Tiff
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
Eight Hour Bill Reported.

Washington, May 29.-The House
Committee on Labor today autnoriz-
ed favorable report on the eight
hour bill Chairman Gardner. of New
Jersey, said there was no opposing
vote
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
Purity Flour.
Wool Market Improved.

Boston, Mass, May 29-The wool
market shows slight improvement
and more interest is observable from
the trade. The general opinion here
seems to be that prices will not
move any higher at this time
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

G. T. Blanford, who came here
some weeks ago, has decided to To-
cate permanently. His wife arrived
today and they nave gone to house
keeping at 21O Lea avenue. Mr..
Blandford halls from Louisville, KY,
and is connected with the Mutual
Benefit Life Insurance Co. of New
ark, N. J. He will make his headquar-
ters here as a general agent Dedrick
D. McClung will be associated with
Mr.. Blandford in the management of
the local Office.
John H. McKinstry, manager of the
Hecos Valley and Panhandle Land
kCo. and president of the Santa Fe
immigration Association, arrived in
the city last evening from his head
quarters at Kansas City.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
SUICIDE AT ARTEslA.
Clarence Jones, consumptive, Takes
CarboIic Acid.

Special to The Record
Artesia, N. M, May 29.-Clarence
Jones killed himself today in the
Hyatt Hotel by taking carbolic acid
He took the fatal draught at eleven
O'Clock and lived until 1890. He was
a consumptive, here for his health.
He had worked in livery stable and
as a hotel waiter. He was without
means. His age was about %. His
mother lives at Douglas, Kansas.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

as well as for the young man per
sonally. The v. NJ I will close for
the season June 18th, and Drew and
his brother Bernie will spend their
vacation at home in Roswell.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
Piano Tuning.

Expert tuning, re-polishing and re-
pairing, both pianos and organs.
Work guaranteed. Great reduction
on pianos. Easy payments.-Pecos
Valley Music Co, tuths1mo.
Per D. N CROFT
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

LOST-One open face gold watch,
leather fob, metal horse shoe at
tached. Finder leave at Record of
fee and receive reward
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
Purity Flour.
MOB ON SPECIAL TRAIN.

Went openly TO Force the JAN and
Hang Alleged Murderer.
Monroe, La, May ga mob en-
gagged a special train last night and
went from here to Tallulah, where
they forced the Jail and hanged r.
l.. Rogers, white man, the alleged
murderer of Jesse Brown, a promi-
nent merchant of Girard. Rogers was
change of venue and new trial was
ordered
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
Try Purity Flour.
u. S. WEATHER BUREAU.
(Locai Report.)

observation taken at a. m.)
Roswell n. NJ, May 29-Tempera-
ture.-Max., 9S; min, 64: mean. 81.
Precipitation, 90; wind s. w, We
locity 10 miles: weather clear
Forecast, Roswell and Vicinity:
Generally fair tonight and Wednes-
day; cooler.
M WRIGHT,
Of1cial In Charge.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

Mrs. NJ. E. Richardson. accompan-
led by her son who has been attending
the New Mexico Military Institute.
left this morning for their home at
Sterling. Kansas.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

D. l. Geyer. who was called to FIT.
Stanton as witness. returned today
on the auto
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29


of inspection and supervision. The
opinion is printed in full, as fol
lows:
IN THE DISTRICT COURT, CHAV-
ES COUNTING 1856
Territory of New Mexico v Oliver
Pearson.
This cause has been submitted up
on motion to dismiss the action up
on the ground that the complaint
states no violation of law, and this
latter is based upon the contention
that the Artesian Well Act of Feb
ruary %, 1905, (Chap II of Laws of
19O5) is unconstitutional and void.
L have carefully examined the auth
critics cited by the defendant, and
am of the opinion that the charge of
Five Dollars upon each well to de-
fray the expenses of the inspection of
wells as imposed by Section of
that Act is valid exercise of the
police power of the Territory. The
definition of the police power of the
State urged by defendants counsel
that it is confined to the regulation
of such acts as constitute nuisances-
is in my judgment too ISrrow. The
definition given in % A. & E. En-. of
Laws D. 916, is an accurate and COM
~that 1T means the general power of
government to preserve and pro-
mote the public welfare by prohib-
iting all Things hurtful to the comfort,
safety, and welfare of society, and
establishing such rules and regula-
and the use and management of all
property as may be conducive to the
public interest" The same authority
says Up. $500 that 1.-The police power
extends to providing for the distribu-
tion of water for irrigation Upon
this last proposition the cases of
White v. Farmers Highline Co, %
Colo. 191, and Farmers Independent
Ditch Co. " Agricultural Co., %
Colo 513, 55 A. S. r. 149. are in
point, and upon the general PROPOSE
ton of the police power, see Terrific
ry " D. & r. G. R. r. Co. On. Nd
rs Pac IA, 70 Pac. 295. 1t is neld
in the Colorado cases just cited that
the appointment of superintendents OF
irrigation in Colorado is valid ex
ercise of the police power of the
State, and that the power of superin
tendents appointed under the act is
executive, not judicial.
These cases urOceed upon the theO
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
r. r. Tickets

l buy and sell cut rate r. r. tick
cts. IngersolIs Book Store.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
z5uDoE POPE RENDERS OPINION
IN ARTESlAN WELL CASE.
TIE LAW Is VALID

Legislature Did Not Exceed General
Police Power in Providing for In
spection and Conservation of Water
Supply.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

FOR SALE---My horse, phae-
ton and harness, also old runa-
bout. Sam Atkinson. Htf
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

..OLD HICKORY" AT DILLEY'S
Just received an elegant and
large assortment of lawn and
porch furniture, .sOLD HICK-
ORY'', must be seen to be ap-
preciated i'm its rustic beauty.
Prices the lowest. The Dilley
Furniture Co.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29
DON'T
PAY

More than $500 for an Electric
Iron. deliver them to you
with a 6-m0nths guarantee for
$500. WHY PAY
MORE?
Bernard Gunsul, Phone lA
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

Hon. William H. Pope, Associate
Justice of the Supreme Court and
Judge of the Fifth Judicial District
Court now sitting in Chaves county,
today handed down an opinion in the
.artesian well case, upholding the va
lidity of the law imposing a tax upon
artesian wells to defray the expenses
of inspection and supervision. The
opinion is printed in full, as fol
lows:
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-05-29

Ask For Purity Flour.
Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1906-07-05

tribal property to the individuals of
the tribe.
Ten bills relative to the courts of
the United States were passed.
The important measure relative to
court procedure is that which pre-
scribes the exact procedure which
must be followed by witnesses to
secure immunity from prosecution
latter.
President Roosevelt was given
SIS, 900 to pay the travelling ex-
pcnses of himself and invited guests.
The private pension legislation of
the session was heavy and many
such acts will be signed before the
end comes.
A bill introduced by Representa-
tive Sherman, of New York, was
passed and will make it unlawful
hereafter to stamp the words ''gov-
eminent assay on articles manu-
featured of gold and silver.
Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1906-07-05
kOOItNAi co. WOULD I Isl
i MANDAMUS GOVERNOR

A peculiar supreme court proceed
ings, entitled Charles L. Hoffman
versus Frank r. Gooding, governor
of the state of Idaho, has been in
stitutcd at Rathdrum. The SUI
prcme court is asked to issue writ
of mandamus ordering Governor
Gooding to base his election prccla-
nation, to be made 40 days prior
to the November election, upon the
legislative apportionment act of
1905, which provided that the
territory now embraced within
Kootenai county should be entitled
to two senators and four represent
tatives, which would give Kootenai
six members of the Legislature in
stead of four, one senator and three
representatives as provided by the
apportionment of 1908.
In the petition and affidavit for
warded to the court by Edwin Nc
Bee, attorney for Mr. Hoffman,
plaintiff, it is alleged that the leg
islature of 1905 created the coun-
ties of Lewis and Clark out of Koo-
tenai, and that one week later an
apportionment act was passed
whereby each of the new counties
was given one senator and two rep
resentatives, based upon the gener-
al election of 1904, when the coun-
tvs vote for congressman amounted
to 6,O18; that the population has in
creased 20 per cent since then and
that Kootenai county now has as
great voting population as any
county in the state of Idaho; that
the county is entitled by law to
elect two senators, which is not re-
pugnant to the constitution, and
four members of the lower house ;
! that the defendant as governor has
announced his intention to disre-
gard the apportionment of 1905 and
bases his proclamation upon the act
off 1908, which plaintiff believes
to have been repealed by the act OF
1905.
Although the supreme court has
nullified the action of the legisla-
ture on the county divisions bill, the
apportionment act has never been
passed upon by that body and still
stands, although Lewis and Clark
counties mentioned in the bill have
no existence in name. Wallace
Tribune.
Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1906-07-05
Cheerful Outlook for Silver.

''Sixty-scvcn cent silver is worth
more to Colorado and the vest than
81 silver was a few years ago, was
the declaration of Simon Guggen-
helm, of the American Smelling and
Refining company few days since.
''The reason is that treatment
charges are much less and the ore
can be handled much cheaper and
more rapidly than was possible at
that time. The splendid feature
is not that silver has touched 81
cents for the first time since it
was demonetized by the East In
dams, but the stability of the price.
Only two years or more ago it was
down to 46 cents an ounce. For
long time now it has been hover
ing around 90 cents and is now at
last 81 cents. | believe it is going
to stay there and it is very encourag-
ing to the miners of the west.
There are two causes for the adj
vance. One is the large demand
from the Orient and the other is
the way that the American Smelt-
ing and Refining company has been
handling it, and by that mean the
sale of the metal to the east and
elsewhere. If silver remains at
about the present price for some
time, and we all hope it will, it
means a good deal to the west.
A good many mines are being
worked now that would be closed
down if the price was lower, and
others are reopening. The produc-
toin of the white metal will begin
to increase shortly at this price. F"
Financial Bulletin.
Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1906-07-05

FARM FOR SALE on easy terms.
Watercd by large spring, plenty of
fruit, good buildings, 81 acres nine
miles from town, on Dixie road.
Enquire at phone 160F.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1906-09-21
run for the amount of work he had
lime to do. Mr.. ,Wildes evidently

run for the amount of work he had
time to do. Mr.. Wildes evidently
made lasting impression on the
many voters with whom he came in
contact, however, and it is not un-
likely that they will be given an op.
portunity Of remembering him in
future campaigns.
John 81. Norton, after. a wait of
half lifetime, has been rewarded
by capturing the coveted prize, the
county attorneyship. Mr.. Norton
has been in the "also ran" class dur
ing several campaigns. and his un-
tiring fidelity to the party in the
face of repeated reverses won him
the respect of party leaders through
out the county. His opponent,
Chas. E. Adams, made clean cam.
paign, and his defeat may be at
tributedsi in great measure to the
fact that he was claimed by some,
either RIGHTLY or wronfully, to
have the backing of certain Duluth
people who have acquired an un-
enviable reputation among the
voters by reason of recent exposures.
Mr.. Adams, in other words, was
made to suffer for the sins of 9TH
ers.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1906-09-21
Forgot Their Rubber Boots.

The Virginia base: ball crowd
went over to Eveleth Sunday, but
found in the game with the artists
of the little mining camp to the
south. that they were handicapped
because of their neglect to provide
themselves with rubber boots. an
objectionable oversight and one
which contributed greatly to their
downfall, the Eveleth diamond be-
ing sea of mud and water. But
despite the fact that none of the
boys have acquired the water:walk-
ing habit-not even on Sunday
they made a fairly good showing,
holding their opponents down to a
reaching distance throughout the
game until toward the close, when
their feet slipped and they loet out
by . score Of 8 to s. Doc Godfrey
twir1ed the sphere for Virginia, and
simply threw the ball clear around
the bases il its way TO the big mitt
man behind the bal. One Of the.
features Of the game was the lack
Of smusic made by the Eveleth hand
Iwhich wac in attendance, and in
comparison to which the sound Of
an old -fashioned chiravari would
have q sootl ing effect upon the
nerves Of q corpse.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1906-09-21
Grand Return Musical.

# Walter Z. Smith, dramatic tenor
and pianist, arranges for a grand
musicale at the Fay Opera on Fri
day evening next, September 42sth,
assisted BY Miss Josephine Sterile,
accompanist. .Y -. .s.=:.: ss.s: .s ...... :..s s.
Mr.. Smith recently returned from
Germany where he has studied
under the best masters of the Old
World, and the nusic-lovers Of Vir
ginia will avail themselves of the
opportunity Of hearing 90 accomp.
5lished an artist. IL. 5zSsE:. ..s
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1906-09-21
Judge John NJ. Martin made

Judge John NJ. Martin made a
splendid run on the ranges, but the
Duluth vote killed him. There is
one way for a range candidate to
get the Dnluth vote, and that is to
aspire to some position that no Du-
luthian wants. Mr.. Martin has
particular reason to be proud of
Virginia, his home city, and the
splendid enlargement rendered him
by his home people. And in his
defeat he has the sympathy of
many friends who recognize his
ability to care for the duties of the
Office in proper manner, and that
the position would be a fitting re-
ward for a life of service Is the par
ty. ! zzzss, 8 ..ass3 's86
!. In direct and haring contrast 10
the "home vote accorded Judge
Martin is the record Of the vote re-
ceived by the Eveleth statesman,
the Hon. r El1erd Bowling, il his
candidacy for the state senat torship,
Mr: Dowling beng accredited with
123 votes ont Of q total of ao6 votes
for senator cast at EveIeth. II il
said NJ. Dowlinq's q friends led him
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1906-09-21

]: ADAM BEDE
- p. r. VAIL
JOHN SAARI
JOSEPH AUSTIN
:ODIN HA.LDEN
w. A. HOLGATE
NJ. G. PALMER
WIN. J..BATES
T. B. MIDDLECOFF
JOHN H. NORTON
LIONEL AYRES
S. W. GILPIN
J.P. JOHNSON
/ ]. A. MCCUEN
:. = NEIL MCINNIS
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1906-09-21
VERDICT FOR $3.50.
Awarded Martin Boyle in His Suit
Against Virginia Lumber Co.

A9oesSSI Su9sUSe1 luh1OtT VOs
A sealed verdict in the personal
injury case of Martin Boyle against
the Virginia Lumber Co. was re-
turned in district court Saturday
night, too late for opening, but on
Monday was found to be an award
of a verdict of $3.50. -
Boyle was injured by the opening
Of a slab chute while in the employ
Of the company some, months ,ago,
resulting in the loss of his right
hand and in other fractures and in
ternal injuries of a serious nature:
The case was tried at a previous
term of court, thejury disagreeing
after being out several hours. .%''