Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-08-31
ROSWELL CASES
ARE DECIDED
City Council Upheld for Re.
fusing to Grant Commits.
sion Petition
JUSTICES PRECINCT OFFICERS
Three Very Important Decisions
Handed Down by Supreme
Court To-day.

The supreme court met at 10 o'clock
! this morning and after handing down
several opinions, adjourned until 8 p.
i'm. tomorrow when adjournment will
/ be taken until about the middle OF
| November.
| Several opinions will be handed
down tomorrow.
Law Revision Committee.
| Considering the communication
| from the Supreme Court of the United
States, of date June 9th, 1911, 1t is
ordered by the court that Hon. F. w.
Clancy, Hon T. B. Catron. Hon. Neill
b. Field, members of the bar of this
court. be appointed committee, pur-
suant to the suggestion of the SUI
preme Court of the United States, to
prepare and suggest such changes in
pleading and practice in equity in the
courts of the United States, as such
committee may deem it wise to adopt.
| Lyons v. Dstree.
! The following opinions were handed
down by the Supreme Court today:
| In the case No. 1893, of ]. D. Lyons.
appellant, VS.. Thomas Howard and
! Louis ]. Distree, co-partnership do
| ing business under the firm name OF
Howard & Distree, appellees. Appeal
| from the district court of Curry coun-
! ty. Judgment of the lower court is
affirmed. The opinion is written by
Judge Wright and Is concurred in by
| all the judges except Chief Justice
| Pope who tried the case and therefore
did not participate. There is no sylla.
bus. The appellees, plaintiffs in the
court below, filed their bill of COM
plant to foreclose a sub-contractor's
lien against the property of appellant.
One B. L. Kitchel, the original con-
tractor was also party defendant,
but did not appeal. Defendant Lyons
demurred to the complaint but the de-
murrer was overruled to which appel
liant excepted. Later the appellee an.
swered by general denial and the
cause came on for hearing.
| A decree was entered in favor Of
appellees. The appellant thereupon
| filed motion which he denominates
motion for new trial, praying that
the decision and Judgment of the court
be vacated and set aside. This motion
was overruled to which action OF the
court appellant excepted. Notice OF
appeal was then given and appeal
| granted.
In his opinion Judge Wright states
that having elected to follow the
rule of liberal construction of mechan-
les lien laws, we are constrained to
hold the verification in this case suffi.
cient. Any other construction would
tend to defeat the very spirit of the
law and merely add to the already
too numerous subtleties of the law"
WeIter v. Witt.
| No. 1419. The Territory of New
Mexico, ex rel, A. J. Welter, relator,
appellant, VS.. M. W. Witt, respondent,
appellee, the Judgment of the lower
court is affirmed. The opinion is writ.
ten by Judge Wright and is concurred
in by Chief Justice Pope, Judges Nc.
Ffe, Parker, Mechem and Roberts,
and Judge Abbott concurs in the re-
suit. This is proceeding by infor.
nation in the nature of quo warranto
to try the title of appellee to the Of
nee OF justice of the peace in precinct
No. /, Chaves county, New Mexico.
The Judgment of the lower court was
pro forma. 1t appears that the appel
liant A. J. Welter was the duly elect.
ed, qualified and commissioned and
acting justice of the peace at and
prior to the passage of the act of
Congress, June 90, 1910, known as
the enabling act. The appellee claims
and now holds the said office as a re-
suit of an election held in January,
| 1911. The title Of the appellee to the
office depends upon the validity of the
election held in January, 1911. The
contention of the appellant is that
the Act of Congress to enable New
Mexico and Arizona to form a state
government continues in office until
the admission of the commonwealth
into the Union as state, all terrific
rial and county officers and that a
justice OF the peace is a county OH.
Ger within the terms of section S.
Judge Wrfgth says counsel for the an.
peliant contend that a justice of the
peace Is county officer and he adds
with this contention we cannot
Iagree."
In concluding his opinion of which
there is no syllabus Judge Wright
says: 1T necessarily follows therefore,
that Justices of the peace in this ter.
ritory must be considered as precinct
and not county officers within the
terms OF section of the act, Of June
20, 1910.
Stoekard v. City Council.
a NO. 1920 The Territory OF New
Mexico ex rel, ]. w. Stockard, appel
lee, VS.. the Mayor and City Council,
OF Roswell, N. NJ, appellants. Appeal
from the district court Of Chayes
county. The Judgment Of the district
court rs reversed and the cause re.
manded. The opinion is written by
Judge Abbott and Is concurred in 81
Judges Parker. McFfe and Roberta
J, Judges Mechem and Wright dissent.
! Cnief Justice Pope being disqualified,
did not participate.
/ The case was as follows: The re.
Continued on Page Four.)