Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1912-01-30
OWEN CONTEST
IS DISMISSED
State Supreme Court Hands
Down Opinion Declining
Jurisdiction
MCDONALD VISITED UNIVERSITY
Squatters on Costilia Grant up
Before Judge McFie For
Contempt.

Governor Mcdonald yesterday visi-
ted the University of New Mexico
al Albuquerque and posted himself
as to its needs and also looked into
the differences that have at frequent
intervals hampered the institution.
He was present with Bishop Mann OF
the Protestant Episcopal church at
the beginning of the spring semester
and both distinguished visitors ad-
dressed the students. State Senator
Isaac Barth accompanied Governor
Mcdonald to the University. Bishop
Mann came up from Albuquerque
with Governor Mcdonald.
General Land Office.
E. H. Nixon, a special agent for the
general land office, arrived last even
ing from Denver. Mr.. Nixon has been
detached from service at the Denver
office and will serve here.
March Nomination Confirmed.
The appointment of John w. March
to be Surveyor General Of New MeXi-
co, and of Frank S. Ingalls, to be sur
veyor genera of Arizona. was confirm
ed by the United States Senate in eX-
ecutive session.
Postmaster Commissioned.
John NJ. Hawkins Of Alamogordo,
was commissioned postmaster jan
nary II, according to an announce
ment in the post office bulletin this
morning. This is his third term as
postmaster He was city editor of
the New Mexican twelve years ago.
Charged With Contempt.
Several alleged squatters on lands
of the Costilla Estates Company, the
Costilla grant in northern Taos coun-
ty, are up before Judge John r. Nc
File today charged with contempt by
the Costilla Estates Company for re-
fusing to obey the recent decree of
court ordering them to vacate GER
tain tracts of land. One of the attor-
neys in the case, not having arrived
from Ration, the hearing could not be
had this afternoon The litigation
brought to dispossess squatters on the
Costilla grant has been in the court
for some time, and one phase of it, a
judgment for contempt, went up to
the Supreme Court and was recently
affirmed
Homestead Entries.
The following land entries were re-
corded yesterday in the local land Of
fice Miss c. T. Keeling, Palma, So
nora. Mexico: Edna Rosseau, Estan-
cia; Leopoldo Eracho, Zuni; Lawrence
Christian, Venus; Jose Albino Con
zales, Virsylvia; Toribio Romero, Bar
ton: Benito Gutierrez Barton; Jose
J. Cordova, Cuba; Francisco A. Loba
to, Cuba; Trinidad Rosner, Pecos;
Josefa Ortega y Davis. Galisteo; To
mas Lucero, Placitas; Robert A. Lii
lie, Jemez Springs; Frank j. Wesner
East Las Vegas; Benjamin Carroll
Kendrick, Grant; Eustaguio Ortega,
Pecos; Jose Salazar, Truchas; Miguel
E. Sena, East Las Vegas; Pedro A.
Trujillo, Black Lake; Jesus Maria Ia
fcya, Regina; I. Benavides, Mountain
air; Antonio Gabaldon Pecos; Orrin
D. Mallette, Red River; William
Couloudon, Senorito: Enrique Espino-
"a, Black Lake: James F. Mattey,
Cowles; E. Gonzales, Pecos, Ora Rog-
ers, Pecos; Maximiano Duran, Cuer-
VO.
Owen Contest Dismissed.
In a lengthy and exhaustive opinion
by Associate Justice Frank w. Park
er the Supreme Court, this fore
noon handed down unanimous
opinion discharging the rule and dis
missing without prejudice the peti
ton in quo warranto of o. L. Owen,
of Clovis, Democratic candidate for
corporation commissioner, against
George Van Stone, of Estancia, Pro-
gressive Republican. The Supreme
Court declines to take original juris-
.diction.
AS will be remembered, 1882 votes in
Mckinley, Luna, Santa Fe and Sando-
val counties were cast for SOL" Owen
because of a misprint on the ballots.
The official canvassing board re-
fused to count these votes for o. L..
Owen, and gave the certificate Of
election to the candidate having the
next highest vote, George H. Van
Stone. who although a Progressive
Republican ran on the same ticket.
the Democratic ticket, with Owen.
The court held that the grant of
jurisdiction in quo warranto is not eX-
elusive in terms and that had the con-
stitution intended such jurisdiction to
be exclusive it would have clearly
stated it. Sections and 13 of article
6 of the Constitution give to the Su-
preme Court and the District Courts
original jurisdiction in both quo war
ranto and mandamus proceedings
against all state officers, boards and
commissions This is held to be true
in all cases whether instituted by the
attorney general, ex-oficio or in be-
.-H of the state for some prerogative
purpose or by some private person
for the assertion of some private
right
"The court in the absence of some
controlling necessity therefore, of the
existence of which this court is sole
judge, in each instance, should de-
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