Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-12-06
EVERY Return
IS NOW HERE
Four Counties Canvassed
Show Democratic Gains
in Each One
OPINIONS BY SUPREME COURT
Two Important Cases Are De.
cided and Others Are
Argued.

The canvassing board completed
Chaves county and started on Colfax
county, before adjournment last ev-
ening. The Chaves county totals
show gain of II votes in the major
ity of the Democratic candidates, the
tally sheet from one precinct show
ing A votes while the certificate had
shown only 80. The tally sheet was
accepted as the count Colfax county
will be completed this afternoon. In
this county, the Democrats gained %
votes. 1t is now thought that the
canvass will be completed by Satur-
day evening, December 16.
This afternoon, Territorial Secre-
tary Nathan Jaffa reported that the
last of the missing returns had been
received. The commission this aft
ernoon canvassed the returns of
Curry county and expected to take up
Dona Ana county before adjourning
for the evening.
Territorial Funds.
The following sums of money we're
re eived at the territorial treasurer's
Office yesterday:
From John Joerns, auditor and
bank examiner, on account of bank
examination fees, $25,000.
From Thomas P. Gable, game
and fish warden, on account of game
protection fund, $6.25.
Supreme Court.
The morning session of the terri.
torial supreme court opened with all
the judges on the bench. Two deci-
sions, the first thus far for this ses-
sion, were handed down during the
forenoon. sA
The first case was that of the Tel.
ritory VS.. Oscar F. Cheney, who had
been convicted of second degree mur-
der by the district court of Roosevelt
county in March, 1911. The judg-
ment of the district court was affirm.
ed.
The syllabus of the decision recites
that, AN order of district court de-
.nying motion for change of venue
will not ne revised by this court un.
less the records show an abuse Of dis
!. erection, which, in this case, It does
not.
''The instructions to the jury By
the trial court, on right of self de-
fense, as affected by appearances
from the defendants standpoint,
were appropriate and sufficient when
taken together" The opinion is by
Judge l. A. Abbott.
The second decision was in the case
of w. D. McBee, appellee, VS.. Pat
'O'Connell, and Mrs. Pat O'Connell, ap-
pellants, appealed from the district
court of Curry county. The judgment
of the district court was reversed and
the cause remanded.
The syllabus sets forth that can
acknowledgment of deed. or other
writing affecting real estate, as effect
ed in the manner established by stat
ute, is necessary prerequisite to its
being recorded under section 1858, c.
L. 1897.
"An executory contract for the sale
Of real estate is, when duly executed
and acknowledged, writing entitled
to record within the meaning of sec.
ton 1858, G.. L. 1897.
"An acknowledgment of an assign
ment on the back Of an executorv con
tract for the sale Of real estate to
which the assignment refers for par
, ticulars and purposes of description
is not, under the circumstances giveI
in the following statement of the
case an acknowledgment of the con
tract itself; and although the contract
was copied into the land records by thu
proper recording officer, that did no
make it OF record, and thereby con
structive notice to subsequent pur
chaser having no actual knowledg,
OF It,"
The opinion is by Judge /. A. Abbott
Other cases up today were:
No. 1909, Territory Of New Mexico
ex rel, George s. Klock, appellee. vs.
Edward A. Mann, appellant of Berna
lilo county.
No. 1412. Territory, ex rel, w. R
White. appellant. vs.. j. G. Riggle, pre-
bate clerk. etc, appellee, OF Lincoll
county.
No. 1413, Territory, ex rel, W. +
White, appellant, vs.. Chas. Stevens
county.