Deming graphic. (Deming, N.M.) 1903-1948, 1907-05-03
DEMING GRAPHIC
THE LID is OFF
AND Al. CLARK
HAS HAD HIS
INNING.
At the November election the ras.


| ask, who were put in?
Here is one Of the most diabolica
conspiracies TO defraud justice and rot
the people that has ever come under
my observation, and that, too. by these
Saints of Justice who were put in office
10 give the people clean administers
ton.
A. J. Clark, the sainted commissioner,
has large opera house, built four years
ago, with seating capacity of at least
800, for which there has never been any
license issued up to April %, 1907, ex-
cept the license taken out by a. l..
Powers on December 4, 1901, for one
year.
+. NJ. Johnson ran skating rink in
this opera house for months and gave
public exhibitions and charged admit
lance fees but was not molested nor
was he required to pay any license.
Said Johnson moved his rink to the
c. L. Baker opera house and on the
9TH day of March last he was arrested
and brought into court for giving pub
JIG exhibitions and charging for same
without first taking out license. MIR.
johnson came into court and said he
could, ard did pay his license, but that
he had been in Clark's opera house for
months and had no license to pay, as
Clark was immune and this arrest was
brought about by Clark to crush out
Baker. at once reported to the Dis.
trict Attorney. He called up the as
SCISSOR and he in turn notified Mr.. Clark
that day that he had no license and
must take out license at once. Clark
treated all of US with disdain and con-
tempt, That all happened on March 5,
1907. Section No. lli6, OF the compiled
laws of New Mexico, of 1897, provides in
part that all persons who are the own
ers of houses and rent them for public
entertainment and exhibitions. shall
pay in advance license Of $1,000 per
year II the seating capacity is 500 or
less, and $500 per year IL the seating
capacity is over 500. Section No. ili9,
OF compiled laws of 1851, was amended
10y the acts Of the Legislature, 1871,
page POI, and reads. ANY person,
hrm or corporation. who shall engage
in or carry on any business or ayoca-
tion, for which n license is required
without having paid his tax, shall be
required TO pay double the amount Of
such tax for the time which has eX-
piIei frcm the beginning Of such bust
ness or avocation until legal applica-
ton for license shall have been made:
md II such person, firm or corporation
shall refuse or neglect TO take out n
license, and PAY THE PENALTY above
mentioned, for 80 days after receiving
ahJtice from the assessor, notice
such as is required by section ass as
amended by section 8 Of this act, shall
be deemed guilty of n misdemeanor,
and upon conviction. be fined any sum
not less than 5000 nor more than
$4,000, or be imprisoned in county jail
not more than six months"
All the conditions Of this section have
been compiled with so far as the Of.
fcers are concerned. To repeat the
Justice of the Peace, the District At.
torney and the Assessor all March 5,
1907, used their influence and power 10
induce this man Clark to comply with
the law and he simply ignored US.
After waiting until April 26, 1907,
went to the District Attorney and told
him | demanded that Clark should be
prosecuted. lie replied File your
complain. | then went to the As.
SCISSOR and demanded that he file his
his complaint with the District Attor.
ney. He promised he would.
On April %, 1907 again went to
him and asked why he had not filed his
complaint and he replied he did not in
tend TO file any complaint, that Clark
had taken out license. examined the
records and find license issued to a. j.
Clark for one year, beginning March /,
1907, for 5000.
Now, what does this mean? After
all the officers had appealed 20 Mr..
Clark to comply with the law, he simp.
~ snubbed US, but all at once when |
had thrown the Jail door open and de.
mandcd the papers issued 10 incarcer.
ate this saint, the Assessor steps in and
issues license for $1,000, when the
only legal right he had and what de.
manded was for him to make n written
report to the District Attorney, and
then 1t would become the duty of the
District Attorney 10 prosecute. The
Jaw positively forbids the Assessor
granting these licenses after thirty days
from time he had notified Clark. Then
again, il il had been regular, here is a
license issued for 5000 when the
seating capacity Of the house required
II to be $500 IL was very clearly the
Assessors place to make the license
$500. unless Mr.. Clark fraudulently,
knowingly and maiciously misrepre-
scented the facts in the case, and il he
did and is Systematically robbing the
people in a matter that we all can see
is he safe and suitable person TO be
on the Beard of Commissioners? and IT,
on the other hand, the Assessor is
making these special favors directly
contrary 10 law, is he safe and suitable
for his place?
truly believe the Assessor is vic.
tim Of the willy influence Of this man
Clark and am just as sure this is q plain
case Of wilful, malicious and unlawful
holding up of the money due for legal
licenses.
However, this law is plain and re-
quires the Assessor to file written
statement to the District Attorney and
then II is the duty of the District At.
torney to prosecute. Will the Asses
sor clear his skirts and redeem himself
or will he remain stigmatised as a party
to the deal?
Can the Lordsburg Liberal see that
II the County Commissioners and
noneyod men are immunes, why it is
my returns are limited and my fees are
greater than the amount received from