davidaulloa/AmericanStories huggingface dataset:
El Nuevo mexicano., 1916-09-14
Four Important Opinions
By State Supreme Court

and afterwards, by evident oversight,
files a second motion to dismiss the
cause. but bases. said motion upon
grounds for dismissal of the appeal.
only, and takes therein no position
and asserts therein no grounds avail
able for a dismissal of the cause, he
will not be held to have entered a
general appearance 80 as to waive
Irregularities in taking or ~perfecting
the appeal"
Opinion by Parker, j.; Roberts, c.
J, and Hanna, j., concur.
Motion to dismiss appeal sustained.
Luklns VS.. Traylor
No. 1856, ,. j. Lukins, appellant,
vs.. Lucy A. Traylor, ct al, appellees.
On May "a, 1915, an appeal was
granted in this cause to this court.
the same being ~returnable on Septem-
Der %, 1916. In the meantime the
legislature changed the law with re-
gard to filing transcript of the record
in this court. It thus appears that
after the taking of the appeal and
before the return day thereof the law
had been entirely changed as to the
requirements of printing the trans
cript Of record. an abstract Of record
being substituted therefor. Counsel
for appellant adopted the procedure
prescribed In the new act and appel
lee moves to docket and affirm the
Judgment upon the theory that the
old law governed the requirements as
to perfecting this appeal.
Judgment of court below affirmed.
]. H. jackson and J. d. Atwood,
attorneys for appellant; r. @. Reid,
attorney for appellees.
The syllabus says: Il. Where a
bona fde attempt has been made to
perfect an appeal under the provis-
ions Of Chapter "a, Laws 1915, and
said provisions have been followed,
the same will amount to showing Of
good cause which will defeat 4 mo
ton by appellee to docket and affirm
the Judgment under the provisions of
Section 4490, Code 1915, notwithstand-
ing the procedure should have been
according to the law prior to the act
of 1915, supra.
70. Property acquired by the wife
under Desert Land Laws of the Unit
ed States, will be conclusively pre-.
sumed, in favor Of IN encumbrance
in good faith and for a valuable con-
sideration, to be her separate prop
erty."
Opinion by Parker, j.; Roberts, G.
J., and Hanna, j. concur.
El Nuevo mexicano., 1916-09-14
Water Applications
Approved by French

The state engineer today approved
the following water applications: No.
1,021, department agriculture, from
Rito PanchueIo, for .22 Of second feet
to irrigate is acres. for a forestry
nursery on the Pecos. No. 1,081, by
Eipner and Schetter, for 3.9 second
feet from Cottonwood draw, Chaves
county, to irrigate 278.7 acres No.
LOGS, B. P. Williams, .95 second feet,
Cottonwood draw, Eddy county, to
irrigate 81 acres. No. 1888. M. g. Gam,
liz second feet from Oak canyon,
Union county, to irrigate 121 acres.
No. 1,O68, George d. Taylor, 81 sec
ond feet from Cottonwood draw,
iChayes county. to irrigate ~ acres.
No. 1914, C. ]. Buck, .SS second feet
to irrigate -61.6 acres.
The following notices Of intention
and their formal applications were
withdrawn by the state engineer on
representation from the applicant:
No. 94S, Frank N. Page. Guadalupe
county; No. 1,04S, Daniel L. Evans.
San Juan county; No. 1923. R. s.
Jephson, Taos county.
El Nuevo mexicano., 1916-09-14
Attorney General Clears Up
LaW Relative to Redemption
of Tax Sale Certificates

attorney General Frank w Clancy
has written an opiniong for State
Travelling Auditor A. G. Whittier con.
corning the redemption Of tax sales
certificates and it is an opinion Of un.
usual interest because so many people
have been unable to ascertain just
when the three year period of redemp-
tion begins. The legislation on this
matter has been lacking in clarity, it
is said, hence the appeal to the attor-
ney general for Information. His letter
in full follows:
September 5, 1916.
Hon. A. g. Whittier,
State Travelling Auditor,
Santa, Fe, N. M.
Dear Sir:
We have had in this office for some
time the letter addressed to you by
the treasurer Of Taos county, on the
subject of the assignment of certifi-
Gates of tax sales where the property
was struck off to the county prior to.
the enactment of Chapter 81 Of the
laws Of 1918, and of the issuance Of.
deeds after such assignment.
The legislation on these subjects is
not rs clear and satisfactory as it
ought to be and we have been COM
PEELED to take considerable time for
the discussion and examination there
of in order to arrive at a correct con-
clusion.
The letter of the treasurer shows
that as to the particular certificate
concerning which he was asking you,
it was issued in Taos county by the
treasurer then in office, on March 20,
1906, and was recorded in the office
of the county clerk on June 20, 1906.
These proceedings were under the
provisions of Chapter 20 of the laws
Of 1899, and were regular and proper.
The law of 1899 and Chapter 134 Of
the laws Of 1903, were specifically re-
pealed by the first section of Chapter
81 Of the laws of 1913, so that after
the passage of the last mentioned stat.
ute. no guide is to be found in ante
cedent Legislation where the property
has been struck off to the county for
want of bidders.
When we come to- consider Chapter
81 of the laws of 1913, we find in Sec
ton S5 thereof, authority for striking
off to the county property upon which
taxes have been levied when there
is no bidder for the same, Of which
fact the collector is to make an entry
on the assessment book. That section
does not provide for the making Of
any certificate in such a case but the
next section implies that there is to
be a certificate made because It is
made "the duty Of the collector to sell
and assign the duplicate certificates
Of such sale" to any person who win \
El Nuevo mexicano., 1916-09-14
government SEEK TO
CONDEMN SANTA IF
RIGHT OF WAYlN EDDY
LAND NECESSARY FOR COM
sTRUcTIoN OF bikes IN CON-
INJECTION WITH ADDITIONAL
CARLSBAD PRoJECT SPILL
WAYS; CAN'T. AGREE ON PRICE

|.V'|
Condemnation proceedings were in
stituted by the United States of
America against the Atchison, Topeka
& Santa Fe railway in federal court
here today to secure right-of-way for
government bikes across the Santa
Fe tracks and property In Eddy coun-
ty, where the government is building
additional spillways for the Carlsbad
irrigation project.
The complaint for the government,
filed by United States District Attor-
ner Summers Burkhart and District
Counsel p. w. Dent, OF the reclama-
ton service, sets forth that effort
was made to buy the r~ight-of.way
from the railroad company but that
agreement could not be reached az to
the price.
The government asks the federal
court TO appoint three citizens as CON-
missioners to appraise and condemn a
right-of-way.
According to the complaint, the
right-Of-way Is desired in order that
bikes may be built to protect the
Santa Re tracks and property from
possible damage from the irrigation
project with the construction Of the
additional spillways.
The United States reclamation serv-
ice secured the Carlsbad project from
the Pecos Irrigation company in 1905.
The project impounds the waters OF
the Pecos river and irrigates an area
OF $4,000 acres. The condemnation
proceedings are Instituted Under the
direction Of the secretary Of the inter.
ior and the attorney general of the
EUJniiisstl States.
El Nuevo mexicano., 1916-09-14
Guardsmen to Pay
Only Resident Fees
For Hunting Game

The guardsmen from all over the
United States now assembled at the
border need not pay the nonresident
fee of many dollars for the privilege
Of hunting.
This was the information sent to-
day to Deputy Game Warden c. VIII
liams Rutherford at the border In re-
ply TO inquiry concerning the status
of guardsmen from other states.
The game warden here consulted
with the attorney general, it is said,
before he informed Mr.. Rutherford
that men who are serving their coun-
try and who have left home to do it
are not to be heavily taxed in the dis.
charge of their rifles-and shot guns.
They will be required to pay only the
resident fees.
El Nuevo mexicano., 1916-09-14
c. FOX PROMOTED
TO PLACE MADE VACANT
BY DEATH or KOUNS

Changes Of far-reaching Importance
will take place as a result Of the
death at Topeka Of Charles w.
Kouns, general manager Of the Santa
re eastern lines. Announcement is
made Of the appointment Of General
Manager Fred G.. Fox of the western
lines, with headquarters at Amarillo,
to succeed the late official, and the
appointment of Rolla J. Parker, pres
ent superintendent Of the eastern
lines, to succeed Mr.. Fox. Other
changes from these promotions have
not yet been decided upon.
Among railroad men it Is currently
rumored that a general promotion oil
heads of the leading western depart
ments may be expected following Mr..
Fox's transfer. These expected
changes probably will be announced
within the next few days.
El Nuevo mexicano., 1916-09-14

Wagon Mountd, N. MI Sept. 1.-THE people Of Mora county have mi
tiated a movement to overthrow gang rule in northeastern New Mexico. At
a meeting held here Saturday night a PNgressiveDemocratc club was or
ganized with David Fernandez az chairman and Leandro Martinez as
secretary. The gathering of the independent voters of Mora county, for
the purpose OF uphoding the acknowledgements ticket nominated at
Santa he, was a surprise to the people Of Mora county 1T was the general
impression that the people of Mora county were subject to the dictates Of
the Republican bosses, Of whom there are plenty in this county but, the
meeting showed, by the presence Of many old time Republicans as well
as by many Democrats, that in Mora county, as we'll as in many other coun-
ties, the people are awake to the fact that the future welfare Of the state
demands the election Of the entire rogressiyeDemocTatc ticket, Is nomi
mated at the santa Fe convention.
El Nuevo mexicano., 1916-09-14

A demurrer to the $4,000 libel suit
filed against the Santa Fe New Next
can and Col. Bronson M. Cutting by
Frank A. Hubbell, wal filed in the dis
trict clerks office here by. Attorney
Francis G. Wilson, representing de-
PENDANTS. The demurrer declares the
complaint is insufficient in law for va
rious reasons, one Of which Is that
the publication of the article to which
Hubbell objects is absolutely priyileg-
ed. It is further stated that the court
is without Jurisdiction, as the cause
Involves a collateral inquiry into the
guilt or innocence of Hubbell on
charges filed against Hubbell before
the then governor Of New Mexico. It
Is also declared that the complaint is
ambiguous and has no logical or le-
gal meaning" apparently denying that
Governor Otero removed Hubbell from
office as treasurer and ex-officio col
lector of Bernalillo county, and there
after affirming that Hubbell vas re-
instated i'm office. The demurrer de-
MES that the meaning ascribed in par
agraph s Of the complaint is applica-
BILE to the article published. 1t is fur
Their contended that Mr.. Cutting is
made improperly a defendant. In con-
ciusion, it is stated that the plaintiff
seeks to. recover damages for a publ
cation fully protected by the guaran.
tee Of free speech and the freedom OF
the press contained in the constitu-
tion Of New Mexico and that Of the
United States. y
The demurrer, in full, follows:
THE DEMURRER
Come now the defendants. the New
Mexican Printing company and Bron-
son M. Cutting. by their attorney,
Francis G. Wilson, Esq, and demur to
the. complaint herein and for ground
of demurrer say:
II. The complaint is insufficient in
law for the reason that it does not
state facts sufficient to constitute a
cause of action against these defend
ants.
80. The complaint, does not state
facts sufficient to constitute a cause
of action in the following particulars,
tO-wit:
:(a) 1t appears from the allegations
set forth in the complaint that the al
legged libeIous publication is absolute
ly privileged.
'Ib) 1t appears from the allegations
Of the complaint that this court is
without jurisdiction to entertain the
El Nuevo mexicano., 1916-09-14
NoTIcE FoR PUBLICATION.
RepubIIeatIon.
Department Of the Interior.
Y Q Tond OMno ~ Coo&o II ~

Department OF the Interior.
u. s. Land ONCE at Santa Fe. N. M.
August 81. 1915.
NOTICE is hereby given that Juan
C. Tafoya, Of Regina, N. NJ. who on
October "a, 1911, made Homestead
entry, Act June IL, 1906, List 1889,
serial No. O153S6, for SWHNEA; ny
ny NWH 'SEH; Lots 1 and 2, and
that portion of the ny SWA not en-
braced in the tract restored under
List 3-144s, Section "a, Township %
N, Range 1 W. N. N. Prin. Meridian.
has filed notice Of intention to make
fve-year proof, to establish claim to
the land above described. before John
F. Young. q. s. Commissioner, at
Cuba, N NJ On the Both day Of Sep
TENDER, 1916.
Claimant names as witnesses: v.
s. Miera, Of Cuba, N. NJ; Leandro
Duran. Of La lara, N. NJ; Julian c.
Chavez, Of Gallena. N. NJ; Mrs. Tena
Palmer. Of Regina, N. N.
FRANCISCO DELGADo.
Register.
Jemez Forest.
New Mexican. Santa Fe, N. NJ.
First Pub. Aug. 81, 1916.
El Nuevo mexicano., 1916-09-14
Surveys Of Indian
Pueblo Lands Will Be
Resumed at Once

Surveys Of Indian pueblo lands in
New Mexico are to be resumed at
once under the direction Of the office
OF Lucius Dills. U. S. encouragement
for New Mexico.
Two government surveyors, F. E.
Joy and Basil G. Perkins, have arriv-.
ed in Santa Fe to start the work.
Their first work will be at the Tesu-
que pueblo. north Of Santa Fe, and
after that survey is completed, they
will work at the 81 Ranchito Indian
pueblo near Bernalillo.
El Nuevo mexicano., 1916-09-14
As Interned Germans
Released BY British

{. Berlin, (By wireless to sayville),
Sept. 13.-The arrival Of the mail
steamer Prinz Hendrix, at Flushing,
Holland, last Saturday. with as Ger
mans who had been informed in Eng
land but were released by the British,
is reported today by the Overseas
News Agency. One OF the Germans
died on the voyage from exhaustion.
El Nuevo mexicano., 1916-09-14
Commission 70 MAoDALENA

The state corporation commission
viii attend the conference to be held
Friday In Magdalena with General Su-
p~erintendent Bristol. Of the A. 7. &
8. F. railway, over the train schedule
between Socorro and Magdalena
El Nuevo mexicano., 1916-09-14
Canyon Road
VIII Be Open Tonight

State Engineer James A. French
has received = letter from Engineer
W. R Smythe, in charge Of the road
camp at Albuquerque, stating that
he expects to be ready to route travel
ers yer the new Tijeras canyon road
by tonight. this cutting out the dis
agreeable climb over Sedillo hill. This
road runs between Albuquerque and
Moriarty.
El Nuevo mexicano., 1916-09-14
CAN SELL SCHOOL supPLIEs

The Union School Farming Co, and
the Schlott Supply Co, Of Chicago,
were admitted today to sell school
supplies in this state by order Of the
state department of education.
El Nuevo mexicano., 1916-09-14
Las Vegas Normal
Students to Banquet
Here in November

The department Of education receiv-
ed word that the New Mexico Normal
University students and friends will
hold their annual banquet in this city
in November, during the educators
convention. The banquet Is to be
served by the ladies of the First Pres
byterian church in Library hall. There
will be covers for 125 at rs cents each.
It will be a big turkey affair. and
those who wish TO partake must make
reservations at the banquet table
early.
MAcHlNisT A BANKRUPT
Austin U. Lewis, a machinist labor
er of Clovis, N. NJ, today filed a petit
ton in voluntary bankruptcy in the
federal court. The petition gives total
liabilities of s445.S1 and a preferred
claim Of SIS for rent and lodging. Per-
sonal effects valued at $S2 are claim
ed as exempt. The only other assets
are machinist's tools valued at $25.
El Nuevo mexicano., 1916-09-14
Mora County, Independents
Start Fight on Gang Rule

Progressive-D Democratic Club Organized at Wagon
Mound to Work For Democratic State Ticket
and Put Skids Under Republican County
Bosses
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-19

DON'T mind admittin' that this
treasure-huntin' stuff does get you
Course, while | was only an outsider,
- with no ticket even for a brokerage
bite at the gate receipts. | wasn't runnin'
any temperature over the prospects.
But now it was different. Wee and
had gone out and shown this poor prune
of Captain killam where his bloomin
island was, we'd rescued Auntie and Old
Hickory from bein' stuck in the mud,
and we'd been officially counted in as
possible prizc-winners. More'n that,
we'd seen the treasure mound.
"Torchy," says Wee, the first chance
we has for few side remark ks after lunch
that day, what do you think? Is it
full of gold and jewels"
"Well," says |, tryin' to look wise,
at might be, mightn't it? And then
again you can't always tell"
"But suppose it isl" insists Wee, her
gray eyes bigger than ever.
II can't" says |. Its too much of a
strain. Honest. from what I've seen of
the country down here, it would be a
miracle to run across a single loose dollar,
while as for uncoverin it in lunches
Say, Wee, how much of this pirate CUFF
do you stand for, anyway"
"Why, you silly says she. "Of
course there were pirates-Lafitte, and
Jose Gaspar, and-and a lot of others.
They robbed ships right off here and
naturally they buried their treasure when
they came ashore.
"What simps!' says I. "Then they
went off and forgot eh?"
"Some were caught and hanged" says
she, land | suppose some were killed
lighting. No one can tell. 1t was all so
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-19

at isn't because | wish to be unkind, :"
she said. "Only, until you know the
whole truth, | don't feel honest with you.
"Come over by the window and sit
down in the light, he requested.
With a start she glanced nervously at
his eyes. They We're closed. She took a
chair in the sun, and he sat opposite
FOR a moment they sat so, in silence
With her chin in her hand, she stared
out across the blue waters of the Mediter-
ranean, across the quay where Monte
used to walk. 1t looked so desolate out
there without him. How many hours
since he left she had watched people pass
back and forth along the broad path, as
if hoping against hope that by some
chance he might suddenly appear among
them. But he never did, and she knew
that she might sit here watching year
after year and he would not come.
BY this time he was probably in Eng
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-19

long ago, you see. They're all gone.
But the islands are still here. aren't they?'
II don't miss any says L. There's
the mound too. It's big enough to hold
forty truck-loads.
81 should say, announces Wee, that
we had all better be planning how to get
that treasure on board the yacht Cap
tain killam says we mustn't go there by
day, you know, because some one might
follow us. Then there's the crew.
wonder if they suspect anything"
GONE to find out, that was what we
was all wonderin Course, Rupert
would be the first to develop a case of
nerves. He reports that he's come across
groups of 'em whisperin' mysterious.
Which reminds Auntie that she'd noticed
something of the kind, too. Even MIR.
Ellins admits that some of the men had
acted sort of queer And right while
were holdin our confab some one looks
around and discovers that sailor has
drifted up sleuthy almost within ear-shot.
Hey, you'll" calls out Old Hickory.
"What are you doing there?'
"Just touching up the brass-work, sir.
do your touching up some other
time" orders Old Hickory Forward
with you'll"
eyes, sir, says the party in the white
jumper, and sneaks off.
"Listening!" says Rupert.
"Who knows what they may be plot
ting" says Auntie, cor what sort of men
they are? Sailors are apt to be such des-
perate characters. Why. we might all be
murdered in our beds!"
"As likely as not, says Rupert gloomy.
And you know how catchin' an idea
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-19

land probably, on such day as this,
out upon the links. She smiled a little.
Damn golf" he had said.
She thought for moment she heard his
voice repeating it. 1t was only Peters
voice.
"You have grown even more beautiful
than thought" Peter was saying.
She sprang to her feet. He was looking
at her-shading his opened eyes with one
hand.
"Peter!" she cried, falling back step.
"More beautiful he repeated. But
your eyes are sadder'
"Peter," she said again, "your eyes are
open!'
"Yes," he said. at became necessary
for me to see-so they opened
Before them, she felt ashamed-almost
like one naked. She began to tremble.
Then, with her cheeks scarlet, she covered
her face with her hands.
To be continued meet oreek
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-19

treacnerOuS 10 themselves, ana treachef-
Gus to society, which trusted them.
Marjory turned aside her head, so that
he might not even look upon her with his
blind eyes.
IL didn't mean any harm, Peter,
she said.
"Of course you didn't. l don't suppose
Mrs. Covington did, either; did she?'
mo. Peter, I'm sure she didn't, She
she was just selfish
Besides, if you only come through
safe and learn"
"At least, I've learned" she answered.
"Since you went away from me-"
"Yes."
"You haven't told me very much about
that"
She caught her breath
Isis it dishonest to keep to oneself
hor one learns?' she asked
NO, little woman; only, | feel as
though I'd like to know you as | know
myself. I'd like to feel that there wasn't
a nook or Granny in your mind that
wasn't open to me.
"Peter!"
as that asking too much?"
Some day you must know, but not
now.n
"lf Mrs. Covington-'
"Must we talk any more about herr"
she exclaimed.
81 didn't know it hurt you
at does-more than you realize.
"Im sorry he said quickly.
He fumbled about for her hand. She
allowed him to take it. -
"Have you heard from Covington since
he left?'
He felt her fingers twitch
"Does it hurt, too, to talk about him."
he asked.
"lt's impossible to talk about Monte
without talking about s-his-about
Mrs. Covington," Marjory explained
feebly
"They ought to be one" he admitted
"But you said they are about to separate.
"Yes Peter; only | keep thinking of
what ought to be-"
She withdrew her hand and leaned back
on the seat a little away from him. SEN
sitive to every movement of hers, he
glanced up at this.
"Somehow. he said, with strained
expression. somehow | feel the need of
seeing your eyes to-day. There's some
thing I'm missing. There's something
here | don't understand"
"Don't try to understand, Peter" she
cried. Its better that you shouldn't"
Its best always to know the truth.
he said.
"Not always"
always" he insisted.
Sometimes it doesn't do any good to
know the truth. 1t only hurts.
Even then, it's best. When get my
eyes
She shrank farther away from him, for
she saw him struggling even then to open
them.
TT was this possibility which from that
point on added new terror to these
daily drives. Alarjory had told Monte
that it was something to which she looked
forward; but when she said that she had
been sitting alone and pouring out her
heart to him. She had not then been
facing this fact by the side of Peter 1t
was one thing to dream boldly, with all
her thoughts of Monte, and quite another
to confront the same facts actually and
alone If this crisis came now, it was
The day book. [volume] (Chicago, Ill.) 1911-1917, 1916-10-16

creased, the proceeds are being con-
stantly wasted, and labor pays with
out receiving any sUbst&nfiaj benefit.
Labor pays in increased taxes, in
reduced wages and in increased liv-
ing expenses. Capital suffers with
labor and both are taxed to the limit
for the benefit of the monopolies and
special privileges that are taxed
lightly.
If labor were clear-sighted it would
defeat every bond-incTeasing prop
Osition as long as our present taxing
system remains as it is.-George v.
Wells.