Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-02-16
HENDRICKS GETS
ANOTHER SETBACK
Demurrer to His Damage Suit
Against Judge Abbott
Sustained
.PECOS POWER PROPOSITION
Plant 10 Built at Junction with
Mora River East
of Santa Fe.

Governor curry was notified today
officially of the death of Rafael Ro-
nero Lopez, county commissioner for
the second district of Mora county.
The vacancy will be filled as soon as
suitable recommendation has been
made by the Republican central com
mittee of Mora county.
Busy in District Court.
In the case of Dr.. Hendricks, erst-
while editor of the Albuquerque Sun,
the Democratic organ, against Judge
Ira \. Abbott, of Albuquerque dam
ages for false imprisonment, the gem
eral demurrer to the complaint was
sustained today by Judge John r. Nc
f1e on the ground that the complaint
does not state any ground for an ac-
| ton, as a suit of this nature for dam
ages will not lie against a Judge act
ing in his official capacity.
In the case of Haywood VS.. J. f. La
| come, damages for breach of con-
| tract, Judge McFie today overruled
a demurrer to the complaint and gave
twenty days in which to answer.
demurrer to the complaint of Pet
terson VS.. the Atchison. Topeka &
Santa Fe Railway Company. brought
to this district by agreement of the
attorneys, was argued yesterday after
noon before Judge McFie, Colonel r.
E. Twitchell appearing for the defend
ant and A. H. Harllee of Silver City
for the defendant. The case is one of
damages for the death of a man on the
railroad. Counsel requested until
Saturday to file memorandum briefs.
The point that was argued was. that
before action can be brought under
the statute, the prescribed statutory
notice must be given and it must be
! alleged in the complaint that such
notice was given so as to give juris-
diction. A case from 213 L. S. was
cited in which the New Mexico stat
ute on that subject was construed and
it was held that such notice is a pre-
| requisite. This statute has since
| been disapproved by Congress but the
suit was brought before this disap-
proval.
A temporary injunction was grant
ed today by Judge John r. McFie in
the case of Frank NJ Quinn VS.. Frank
koenig, ct al from San Juan county,
! permitting the plaintiff to enter upon
/ the lands of the Independent and 9TH
| er ditch companies and of the COM
plainants to enlarge his ditch and
| splllWays to carry the maximum of
! GA second feet granted by the ap-
| proval of an application for that
amount by the territorial engineer.
The water is taken out of the Las
! Animas.
Judge McFie also granted a tenn
porary injunction in the case of Frank
A. Burdick VS.. Joseph Moore, ct al,
against an obstruction of a road,
which plaintiff claims that he not only
/ has an easement but that it is a pub
on March 16.
Power Proposition on the Upper
1
! Territorial Engineer Vernon L. Sui,
livan today approved the application
of Engineer Ernest H. Fischer of AL
| buquerque, formerly of Santa Fe, for
large power proposition on the up
per Pecos and its tributary, the Mora,
| just due east of Santa Fe about
twenty-five miles A maximum appro-
priation of $50 second feet is granted
to develop 5000 horsepower at cost
of $150,000 to supply Las Vegas, Santa
Fe and Albuquerque with electric
! power by means of high voltage trans
mission lines. The application is No.
244 and is in lieu of an earlier appli-
cation withdrawn by Mr.. Fischer The
grant is subject to prior power and ir-
rigation rights, including the prior
rights of ]. P. Conner of this city.
Mr.. Fischer was formerly stationed
at Cimarron and has filings on num-
Der of power propositions in the terri
/ tory, including one on the Nambe,
and it is certain that actual construc-
ton work will be begun on them with
in short time.
Incorporation.
incorporation papers were filed to-
day by the Taos Printing and Publish
! ing Company of Taos, Jose Montaner,
New Mexico agent The capitalization
is $4,000, divided into 100 shares.
| The incOrporatOrs and directors are.
Jose Montaner, so shares, president
and editor of Revista de Taos; J.
Wight Giddings, vice president and
editor of the Taos Valley News, 25
shares; A. Clarence Probert, treasur-
er, 25 shares, all of Taos. 1t is pro-
posed to merge the plants of the two
newspapers named, to install limo
type and to give the Taos valley first