davidaulloa/AmericanStories huggingface dataset:
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
MANN CASE WAS NOT
ARGUED IN LOWER COURT.

AS the result Of o stipulation enter
ed into between counsel for Judge
Mann and Mr.. Klock. there were no
arguments made in the lower court
In the contest for the office of district
attorney. Mr. Klock filed q suit, seek
ing to oust Mr.. Mann, who replied
with demurrer. The case was taken
directly to the supreme court without
hearing in the lower court, which
would not have been accepted as final
by either party to the suit and would
also have resulted in disqualifying
Judge Ira A. Abbott, Of the second
judicial district, who would have sat
in the case In the lower court, from
sitting as an associate Justice in the
supreme court
Mr. Klock WIS removed as district
attorney for the sixth judicial district
by Governor w. j. Mills. or Novem-
ber IS, of last year. Immediately up.
on removing Mr. Klock, Governor
Mills appointed Judge Mann to the Of
flee. No charges were made in the
formal removal order Issued by the
governor. Mr. Mann at once quail
fled for the office by properly filing
his commission as district attorney.
Mr.. Mann was later recognized as dis
trict attorney by the board OF county
commissioners Of Bernalillo county
and has served since that time.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
George S. Klock, Removed as
District Attorney for Ber-
naIiIIo, Sandoval and Valen-
cia, is Victorious.
OPINION HANDED DOWN
IN FAMOUS MINING CASE
Decision of Lower Court is SuS-
tanned in Suit Brought by
Henry LoCkhart VS.. Wash
ingtOn Mining Company.

Especial Dispatch 10 The Morning Journall
Santa Fe n. NJ, March 4.-Edward
A. Mann, former Judge of the New
Mexico supreme court was today
ousted as district attorney for Bernal-
lilo, Valencia and Sandoval counties
by a decision of the New Mexico su-
preme court in the case Of George s.
Klock, VS.. Edward A. Mann. Mr..
Klock had been removed by Cover
nor Mills, and Judge Mann was APP
pointed in his place.
The supreme court today decided
the famous case Of Henry Lockhart VS..
The Washington Gold and Silver Min
ing company, involving the Washing
ton mine at Bland, mining camp
thirty miles west of Santa Fe. The
mine has been in litigation for almost
decade and litigation prevented its
being operated. The decision affirms
the lower court. and II is thought an
appeal will be taken to the United
States supreme court
The case of the territory VS. Daniel
Archuleta. convicted of murder, was
affirmed, as was the case of jay Tur-
ley. ct AL, VS.. l.. B. Forman, ct al,
involving valuable water rights on the
San Juan river.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
POLICEMAN SLAIN;
CHIEF M0RTALLY
WO j n D { D
Store Robber Barri-
caded in Vacant House Fires
on Officers Attempting to Ar
rest Him,

Alexandria, Ind, March AFTER
having held up and robbed the pro-
prietor of a jewelry store tonight,
James Walker shot and killed Virgil
Kirkman, a patrolman, and fatally
wounded Chief of Police John Ellln'
Walker sought refuge in vacant
house and returned the shots of Ellin
and other policemen and citizens VINO
surrounded the place
He shouted that he would kill him
self before he would surrender and as
Ellin pressed close tor the front door
of the house, Walker shot him. ran
out of the rear door and disappeared
in the darkness.
Posses were Immediately organized
to search the surrounding country for
the man.
Walker entered the jewelry store of
W. A. Miller tonight and covering
Miller with his revolver demanded
that he turn over cash and tray Of
diamonds.
Miller gave the robber $50 in cash.
Kirkman, who was passing, rushed
into the store and Walker shot him
and fled.
Rufus Warren, who was standing
in front of the store at the time OF
the shooting of Kirkman was arrest
ed. charged with being confederate
Of Walker, He admitted that Walker
had told him that he intended robbing
the store. Both Warren and Walker
have lived in this city several years.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
ASSAULT ON
SANTA ROSAL|A
REPULSEO
FOUR HOURS FIGHT Ar
NOTED HEALTH RESORT
Approach of Federal Reinforce
ments Causes Mexican In
SurrectoS to Withdraw
American Escapes Execution,
tRy Morning journal Special LEASED wirsl

IHy Morning journal Special LEASED WireI
Torreon, Mex, March 4.--Four hun-
dred rebels under Francisco villa,
who attacked Santa Rosalia two days
ago, were repused by volunteer
force after four hours fighting. The
rebels gave up the attempt to take the
town, upon learning of the approach
Of federal force. The rebel loss was
not known. but the federals were said
to have lost six killed and several
wounded.
Captain Curlel, who was captured
In the passenger train from Mexico
city, near Jimulco, . week ago. has
arrived safely in Torreor. lie said ne
had been left In the station at Jumlico
but had escaped.
A Mexican fruit vender Of Jimulco
saved the life OF Engineer Burt lIin
OF the train in which Curiel was caps
tured. Hill was ordered by the lead
er of the rebels to be shot for attempt
ing TO save Curel from discovery. The
sentence was on the point OF being car
ried out when the vender claimed FIN
as friend and persuaded his COM
padres to desist.
Workmen are repairing the railway
south of this city under military pro-
lection. and It is believed trains will
be able to run into Torreon within
few days. or the bridges burned by
the rebels only few suffered more
than the destruction OF wooden ties
along the top.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
NEW PRESIDENT OF
HONDURAS IS CHOSEN

Puerto Cortez Honduras. March a.
-Francisco Retran has been agreed
upon as provisional president OF HON
duras to serve until a successor to
President Davila is elected in October
The two weeks deadlock In the
peace conference was broken last
night and the agreement was signed
today
DIR. Reltran is a supporter OF Gen
eral Manuel Bonilla. and was one or
the three men proposed by him Tor
provisional president when the revolu-
tionary leader announced his WITH
drawal as a candidate.
Absolute freedom of the presidenti-
al election in October is guaranteed IL
/. understood General Boniiia VIII
then offer his candidacy for the presl-
dency, but the present ruler Miguei
r. Davlla, Is not expected to oe can
didate.
President Davila telegraphed from
Rosales today accepting the arrange
ments agreed upon by the conferees'
The agreement takes effct immdlate-
ly. and everyone appears 10 be satls-
fled.
Mr.. Dawson probably will depart
within a few days, hut whether he
will return 10 the United States or 60
TO Nicaragua. is problematieal. Mr.
Dawson had charge Of the arrange
ments of the details of the recen'
troubles at Managna and may be
sent there for a conference with Presl-
dent Estrada.
Dr. Reltran probably VIII take over
the reins Of government next week
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
MICHIGAN ALASKAN
LAND FRAUD INQUIRY
INVOLVES $4,000 ACRES

Detroit Mich, March f.-B d.
Townsend, special assistant to httor-
ncy General Wickersham, arrived
here today from Denver and immedi-
ately took up the grand Jury investi-
cation now progressing for the pur-
pose Of fixing the legal status OF the
Michigan Alaska Development com
pany with relation to $4,000 acres Of
coal lands near Homer, Alaska to
which about 200 DotroItcrs and about
100 Others lay claim. "This Is the
greatest land fraud case, II land fraud
case Il be, In the history Of the coun-
try" Mr.. Townsend said.
ut far oyershadows the combined
Guggenheim-C cunningham claims IN
Alaska or the TIMBER land frauds IN
Washington and oregon. Neither OF
those cases approaches the Michigan
Alaska case In extent of acrea@e Or
valuation. In this case nearly bo,O0o
acres of lands are involved, while the
Guggenhem case has to do with only
1000 or 5000 acres !"
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
TEXAS LEGISI AZURE
TRUSTS SENATOR BAILEY.

Austin, Texas. March 4.-When
Governor colquitt received message
today from Senator Bailey in Wash
ington saying he had resigned his
seat in the United States senate, he
was greatly surprised. He immedia-
telv wired Mr.. Bailey that he would
not accept his resignation.
The news was soon carried to the
legislature, then in session. and soon
after a resolution requesting the gov
ernor to immediately telegraph Mr.
Bailey and ask him 10 withdraw his
resignation, was adopted without dis
cussion.
In the meantime several friends OF
the senator obtained the signatures OF
seventy legislators TO the following
message, which was sent to Mr.. Ball
ey;
I'VE, the undersigned members Of
the thlrty-second legislature OF Texas,
Carrying out instructions of an unanl-
nous caucus. demand that YOU recon-
slider and withdraw your resignation.
Your friends have never betrayed YOU
In any crisis as you have never be-
trayed your countrymen.
Trust us as we trust you
AS soon as the resolution demand
ing that Senator Bailey retain his
seat had passed the senate. fifty-slx
opponents of Mr.. Bailey In the legis-
lature. held caucus and began to
lay plans. Announcement OF the sem
ator's withdrawal OF his resignation
put sudden end to what ambitions
they might have had.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05

Making the approval of New Mex
ico's constitution contingent on the
annroval of that of Arizona, which
has never reached Washington, SEN
ator owen, democrat, of Oklahoma
nv an insolent and brazen filibuster
in the senate yesterday killed New
Mexico's chances Of admission at the
hands of the sixty-first congress
The senate by vote of 40 10 81
voted down Owens proposition in the
shape of an amendment to the mouse
resolution Thus the vote was vote on
Arizona and not on New Mexico. This
means not the defeat but the delay
of admission for New Mexico. Under
the enabling act, If the extra session
takes affirmative action on the con-
stitution we become a state; In case
il does not and the next regular ses-
sion fails to specially dlsapproVe
New Mexico is admitted,
Senator owens fillbuster was one
of the most disgraceful incidents IN
the history of the senate. owen nat
footedly declared he would tie up all
national legislation if an attempt was
made to complete the admission OF
New Mexico. Owing to the short ume
remaining, Owen held the Key TO the
situation as he could talk the senate
to death. His amendment TO the
house resolution, calling for The ap-
proval of Arizona's constitution was
Ax-iv
stitution has not been submitted 10
the president or either house OF con-
gress; legally neither house could take
eognizance of it as the cerufied re-
turns of the ratification election hau
not been received. owens bare1aced
proposition was of course voted down
although the vote brought out the
strength of the element which favors
the initiative, referendum and recall
as Incorporated in the Arizona docu-
ment.
President Taft is anxious for the
admission of New Mexico. For this
reason it is believed that in his call
for the extra session, which he yes
terday announced he would make, ne
will specify among matters to be at
tended to the approval of the New
Mexico constitution. Affirmative ae-
ton of this kind at the ezra sesSi1n'
will admit New Mexico without reh-
Hitting with the ennolins act. J."
any event, the president having ap-
proved the constitution, failure 10
disapprove it at the next regular ses-
sion automatically admits New Mex
leo. That an attempt will be maze
to couple the two constitutions to-
gether is likely. Its success is pro-
blematical. The injustice oil making
New Mexico a victim OF the prejudice
against the Arizona act is manifest.
The republicans who voted In faVor
Of admitting Arizona without her con
stitution having been submitted We're
Beveridge, Borah, Bourne, Brown
Burkett, Clapp, Dixon, Gronna, Jones
LaFollette. McCumber, Nixon.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
THE STORY OF DEFEAT AS
TOLD BY DELEGATE ANDREWS

The Morning Journal yesterday re-
ceived the following telegram from
Delegate in Congress. W. II. Andrews
giving the details of situation.
Washington, d. c., March 4.
Senator Dillingham; of the senate
committee on territories reported the
house joint resolution 2s5 approving
the constitution of New Mexico TO the
senate at midnight. Senator owen OF
Oklahoma ojected At one thirty
this morning, Senator Bailey, OF
Texas called it up and made strong
speech for it, followed by Heyburh
OF Idaho. Lodge of Massachusetts ana
clapp of Minnesota owen then tooh
The floor and fillbustered on 1t untli
o'clock this morning. The senate
then took a recess until a. m. Al
! the senate adjourned until a. M
IN order to change the day and get III
March 4. At $3.50 they passed the
Tariff board commission bill. About
1880 this morning Senator Young
OF Iowa called UP the resolution AGAIN
ana made strong speech Tor IT,
After that owen again took the hoor
and stated that he would let nothing
pass, that he would not allow the
sundry civil conference report tne
postofflce and post roads measure to
pass the senate unless consideration
was given the Arizona constitution,
winch is not here. He agreed 10 get
OF the floor II they would attach the
approval of the Arizona constitution
which Is not here, to Resolution 29o,
ana which ever way the vote went
Tor that, he would abide by the deci-
sion. He fully expected to have that
carried right off, but Bailey Of Texas,
with several other democrats, voted
against the Arizona rider, with all
me regular republicans, and II was
voted down by forty-five to thirty
nlne. From that on. there were no
.urther disturbances. Both houses
nave adjourned sine die. Our posi-
uon IL that In the event that we are
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
SENATE PAYS HIGH
. HONOR TO WARREN
Retiring Member From Mis-
Souri Confirmed as Member
of Board of Ordnance Unani-
mousIy and in Open Session,
tny Morning sourna, special l.assa wire,

ny Morning journal special Leased wirel
Washington, March i--senntor
william Warner Of Missouri, whose
term expired, was appointed by the
president today to be civilian mem-
Der Of the board of ordnance and for
tification, vice Thomas j. Hendricks,
deceased.
The senate confirmed the nomna-
ton.
This immediate confirmation OF a
nomination IN open session 81 the
senate Is said to be without parall i
since Grant was confirmed as general
In the army.
Senator Warren. chairman of the
committee on military affairs, made
the unusual request, He said the
nomination involved a former mem
ber of the senate of high standing and
that as the closing Of the doors for an
executive session would disturb the
large audience In the galleries. he
would request action In open session.
With apparent innocence senator
stone asked TO be informed the name
Of the senator involved, and In reply
the Wyoming senator mentioned Mr..
stones colleague. Senator William w,
Warner Of Missouri, who, he said, had
been nominated by the president to
a position on the board OF fortiflca-
ton and ordnance
Senator Stone paid a high tribute
TO his colleague.
without division and unanimously
the senate adopted a resolution OF
confirmation.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
Of.
CONGRESS

. out of the smoke Of the clos
Q Ing battle in congress emerge
. these results Of larger interest.
. Positive Results.
. Appropriation Of $s,000,o0O
. for the fortificatlon Of the Pan
. anna canal,
. Codification Of the judicial
o code. This is regarded as the
. most important step in recent
. years for the amelioration of
. the evils resulting from the laws
. delay.
. Creation of national forests in
. Southern Appalachian and the
. White mountains.
. Providing for the construction
. Of embassy and legation build
. ings abroad.
. Requiring the Inspection Of
. locomotive boilers on all rail
Q roads engaged in interstate COM
. merce.
. Creating Robert +. Peary a
. rear admiral on the retired list
. of the navy and formally tender
. ing him the thanks of congress
. in recognition of his discovery Of
. the north pole.
. Creating a commission of five
. senators and five representatives
. TO investigate conditions in
Alaska.
Negative Results.
Failure of the resolution to
admit New Mexico to statehood.
. brought about by an eleventh.
. hour filbuster In the senate.
. Failure OF the Canadian reel
. procity agreement and the con-
sequent calling of an extra ses-
. sion of congress.
. Failure of the bill to create a
. permanent tariff board, which
. passed the senate but was killed
. by a flibuster in the house
Failure of the proposal to in
. crease the rate Of postage on the
. advertising sections of the large
. magazines; commission appoint
ed to investigate the subject.
Failure OF the resolution for
. an amendment to the constitu-
. ton of the United States provid-
. ing for the direct election of
United States senator's.
Failure of the general age PEN
. sion bill.
. Failure TO act on the Ballinger-
. Pinchot investigation reports.
Failure to enact the ocean
mail subsidy bill. Acted upon
. favorahly In the senate alone.
Failure to unscat William A.
o Lorimer as senator from Illinois.
Failure OF bill Sins canal
tolls and establishing the form
. Of government for the Panama
o canal zone.
Failure of the congressional
. reapportionment bill based on
. the census of 1910.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
LWAUKEE BANKER
RELEASED FROM PRISON

Leavenworth, Kan. March A.
G. Bigelow. the Milwaukee banker,
convicted of the misuse of funds Of
the First National bank there, of
which he was president, was released
from the federal penitentiary here to-
day. He. had served six years OF a
10-year sentence.
After being released, Bigelow went
to the home of former Mayor M. l..
Hacker, whose wife is a relative of
the paroled prisoner 1t was learned
that arrangements were made late
yesterday for the Milwaukee man to
spend the night here. He VIII leave
for Milwaukee tomorrow. II Is said.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
ROCKEFELLER PASTOR
GOING T0CALIF0RNlA

New York. March 1.-The Rev. DR..
Charles r. Aked pastor of the Firth
Avenue Baptist church. returned
from California today and announced
that he would make a statement to
his congregation tomorrow concerning
the call that has been extended To
him by the First Congregational
church OF San Francisco.
This is taken to indicate that DR..
Aked has fully made up his mind TO
sever connections here, although his
resignation may not take place Tor
several weeks.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
is DISAPPOINTED
AND AI.MOST INDIGNANT.

Roswell n NJ, March 4.-The loss
of statehood at this session was re-
ceived here with bitter disappoint-
ment and Indignation. While the re-
suit was expected by many, the blow
was none the less severe. Piles Of
boxes for celebration fires and other
preparations for Publications had
been in readiness several days. After
a day of gloom, many are brighten
ing with hope for the future.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05

tive tactics We're begun by democrats
against the tariff board bill.
The only explanation Senator Bail
ey could make was that he was un-
able TO call off his colleagues. In
this state OF affairs Il took little To
arouse his anger TO flame. Then fol-
lowed the open slap given today when
he advised against the adoption OF
the Owen motion in regard to Ari-
zona statehood. Although the motion
was defeated, its defeat was due al
most entirely to republican votes.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
MINING TOWN OF TIGRE
CUT OFF FROM WORLD.

Douglas. Ariz., March 4.-The min
ing camp of III Tigre is stll held In
communicate BY the rebels under
Blanco. The wires remain cut and
couriers sent out by commissario
vasquez of Aqua Prieta to procure in
formation have not been heard from
II is believed they were captured by
the insurrectos.
A cattle man who talked with Ban
co. says that the rebel leader has n
large number OF Indians whom he
Hses as sharpshooters ana scouts. Ihe
CONTINUED on page 2 col -
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05

Mexico City. March 4.--sir Arthur
J, Herbert viii not come 10 Mexico az
British minister TO succeed Reginald
r. Lower. as recently announced, ac-
cordng to information obtained from
private sources today. Instead, FRAN
els W. N. Strong. at present minister
to Colombia will be Great Britains
representative.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
soclc,y EnQaucn,cm Announced.

Denver. March AIR and Mrs
Dennis sheedy today announced the
engagement OF their daughter Flor
ence. to r.. Townsend Burden, u New
York society and club man.
Miss Sheedys elder sister was mar
ried to Robert Livingston of New
York two weeks ago.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
I,cpuuc Of American Municipalities.

Atlanta. Ga, March i.--The date OF
the next convention Of the American
League OF Municipalities voted to At
lanta at the last meeting In 81. Paul
has been set for October 4, and q.
The delegates will he entertained BY
the city government.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05
DEMOCRATIC SENATOR FROM
OKLAHOMA DEFEATS NEW
MENC0'S ADMISSION
FATAL FILIBUSTER BY OWEN
WHO DEMANDS ILLEGAL ACTION
ON ARIZONA CONSTITUTION

nOence of OkIahoman, Who Threatens tc Tie Up All BuS-
ness Makes Impossible Vote on Approval OF New MexcoS
Fundamental Law; Statehood However, is Only Postponed
and Without Disapproya at Next Session or With Afma-
five Action at Extra Session We Become State
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-05

not disapproved at the next regular
session of congress, we are in, as the
president has already approved Of
our constitution.
Norwich bulletin., 1911-01-16
Brook Water Should Be Purified
Report from Chemist Newlands Says That There Are Several Places of Possible Contamination in Water shed-Danaer From Its Use-Farview Gains Six Inches.

This afternoon there will be meet ing of the board of water commission CTS for the purpose of hearing the re- port of Chemist J. A. Newlands of the state board of health. on the four sam pies of water from Trading Cove brook which were sent to him two weeks ago.
 Copies of the report were received Saturday by Supt. J. J. Corkery of the water department, and Dr. N. B. Lewis and in it he does not consider the water fit to use without purifying it by the same process as was intend ed to use on the Yantic river water He looked over the nine square miles of watershed which the brook has, week ago, and states that there are several places of- possible contamina- tion which he recommends should be remedied- There was nothing found in the samples. stated Superintendent Corkery, except what might be expect ed in any running brook, although the report shows that colon baccilli were present in the water and these were present in sufficient number to require the treatment of the water There are several outhouses and barns near the brook which probably assist in the contamination. The report on all four samples of water sent to him was practically the same. He holds that the water should not be used for drinking purposes until after it has been treated. The arrangement made for treatment of the water at the Yan-