davidaulloa/AmericanStories huggingface dataset:
El Nuevo mexicano., 1918-01-10
TWO CASES DECIDED
BY SUPREME COURT

The supreme court decided the fol.
lowing casps today
Charles y. Morrill,, receiver Of the
Peoples Savings Bank and Trust Co
Appellee. vs.. N. D. Mastin ct al,
Appellants. Grant County, No. 20s1.
This Is an action brought by Chas.
B. Morrill,, receiver OF the Peoples
Savings Bank aud Trust company OF
Silver City, N. M, appellee, against
NJ d. Martin, upon a promissory
note executed by appellant in favor
Of the Capital Savings Investment
Co, d foreign corporation authorized
to do business In this state, from a
Judgment entered upon q directed
verdict the appellant appeals.
Judgment Of the court below af-
iirmed.
Opinion By Hanna. G. J. Parker
and Roberts, J. J.. concurring.
Eddy County Case
George II Buaa. Appellee, ". The
Kemp Lumber Co, etc, No. 2070.
Eddy county.
This is a suit by George Fl. Buss.
appellee. against John HI Fox, a. F.
Hardwick and the Kemp Lumber
company. to recover a personal judg.
ment against Fox, obtain a ~foreclos-
ure OF d mortgage executed by Fox
and detcrmine the priority OF claims
between the appellee and Hardwick
and the Kemp Lumber company. The
Kemp Lumber company has perfected
this appeal from q judgment rendered
~ fHo trial noi,ff IN fnvor ne fhn m
El Nuevo mexicano., 1918-01-10
Eastern May Be
Completed to
Hagan CoIIiery

Albuquerque. N. M, Jan. 9.--Repre.
sentatives OF the interests seeking to
purchase the New Mexico Central
railway. which soon is to be put up
for bids at a receivers sale, may com.
plete the Albuquerque Eastern rail
way, which Is designed to connect
this city with Estancia valley and the
Hagan coal fields. Colonel D. X. b.
Sellers. receiver for the Dominion
Construction company, preferred
creditors of the A. E., believes that II
Secretary RncAdoo. federal manager
of railroads, is convinced OF the neces-
sity Of opening the Ffagan fields, he
will sanction the building of the road.
Representatives Of the prospective
purchasers OF the New Mexico Ger
trail yesterday conferred with Mr.. NC
Adoo at Washington.
El Nuevo mexicano., 1918-01-10
50 SAND0VAL COUNTY
MEN Do NOT REPORT

There are SO men in sandoYal
county who have failed 10 report to
the adjutant general by question.
naires sent out, and It was announced
today that they are given 20 more
days to much such reports. Failing
to make them by January 20 they
will be treated rs slackers. 1t was
stated. Their m follow, their
order number In the draft following
each name and after the number the
town where they were registered:
Antonio r. Martinez, 2, buchanan.
Salvador Ruiz, 3, Jenez.
Clifford II. Steward, 20, Bland.
Elfego Casadoz, cob, Cuba.
Guadalupe Armijo, S7a, Sand0val.
1ioss Liston. Al. pena Blanca.
Samuel Cordoya, 81, Guadalupe.
John Ferguson Braggerly, 81, Cuba.
Ely Lucero. 65. Jemez.
Pas Espinosa, Sc, Jemez Springs.
Alfredo Tachias. So, CAbezon-
William Lloyd LOTUS, 81, Buchanan
margarine Gonzales. 81, Bernaiillo.'
Mauel Montoya, Ssh. Sandovaa-
N0sh Watson, 88. Pena Blanca.
F-rnk Smith Mccullough, 80, Bland.
Frank w. Powell, 102, Domingo.
Federico Lobato. 106. Dominguez.
Alexandra Gallegos, l1S, Befna-
lilo.
Alexandra Archibeoue, l2l, Domin-
guez.
Albino Chavez. 1873, Cabezon.
Bisente Mont0ya, 142, Cabez0n.
El Nuevo mexicano., 1918-01-10
REALTY SALES PLAN
TO SECURE A FAIR
ASSES SIS MENT Being
PUT INTO PRACTICE
TAX Commission BEGINS I'M.
MENsE TASK OF EXAMINING
DEED RECORDS; WORK COM
MENcEs IN SANTA FE COUNTY.

For the purpose Of enabling as.
SCISSORS OF the various counties to
make comparisons between the re-
turned value OF real estate and its
actual sale value the state tax com.
mission has begun the monumental
task OF examining the deed records
for transfers with the intention event,
ualiy OF making a complete index
showing prices brought by all pieces
Of property sold IN New Mexico.
The object is to bring about a fairer
aud more equitable assessment. With
the possession OF, information as to
what figure a piece OF property
brought l4hen sold, together with the
circumstances OF the sale, by whom
sold and by whom purchased, II Ii
believed any county assessor. with
out much difficulty, VIII be able to
ascertain the actual value.
The tax commission has begun its
operations in Santa Fe county be-
cause Of its geographical location at
the logical point for the inauguration
Of the task, The work will be car
RED into the other counties as fast
as possible according to Rupert r.
Asplund, secretary Of the commits
sion.
A card index system viii be- used
to file away the information obtain.
ed. Each card VIII contain the mum
Der OF the volume and page upon
which the deed is recorded, with a
description Of the property, the name
Of the grantor and the grantee. the
amount Of money set forth as the
sale price and the verified sale price.
n cases where a nominal figure Is
given, every effort viii be made to
ascertain the exact consideration by
consulting the notary who officiated
and the granton. In instances where
It Is not possible to obtain the In
formation desired from the grantee,
II IS believed the grantor, not being
further concerned with the valuation
placed on the property for taxation
purposes. viii be willing to name the
exact consideration.
Due allowance will be made IN
transactions between relatives, prop
erty sold at a sacrifice. what Is jok.
ingly known as sucker sales, where
a property may have been unloaded
On an disappearing purchaser a.
much more than its value, and In all
cases where unusual circumstances
are seen to have entered into the
transaction.
El Nuevo mexicano., 1918-01-10
YOU'LL HAVE TO PAY
TAX ON YOUR CAR
II you arc AM automoblIe owner

II you are an automobile owner
and have complied with the law
requiring you to display a license
tag, you more than likely VIII
have to pay a tax on the machine
this year. The state tax com
mission has secured a list OF all
the machines on which licenses
were paid last year. some $4,000
in number. The number Of ma
chimes assessed was 7la1, a little
more than SO per- cent or the cars
in actual use. The average as.
1seased valuation Of each machine
VAS $3.50. The total assessed
value was $2.398. 900, Assessors
In the various counties are to be
informed this year OF the ma
chimes licensed in their counties.
and they will be instructed to
sec that such machines, are re-
turned net.14.s se1n5t
El Nuevo mexicano., 1918-01-10
OF STATE
MUST AID cleanup

A Bulletin to remind shippers OF
the state Of the demurrage order
recently issued by William @. Mo-
Adoo, director OF railroads, is to be
issued immediately by the state cor.
poration commission, according TO
Chairman Williams. The order is de-
signed to make shippers load and
unload cars as rapidly as possible.
The penalty is heavy. After the ex-
piration of the two days allowed for
unloading, a charge of SO is made for
the first days delay, 81 for the sec
ond and 81 for each additional day
until the total of $40 is reached.
The commission is to be placed on
the mailing list to get all the orders
issued by Mr.. McAdoo.
Next week, according to Mr.. Nc
Adoo's orders, is to be cleanup
week. All cars and railroad equip
ment are to be moved as rapidly as
possible, and the cooperation of the
shippers in loading and unloading
Is desired. The commission will en-.
deavor to have New Mexico do its
duty Just as we'll or a little better
than the other states.
In the case of T. 2. Winter ct al
A. T. q s. F. railway, request
for crossing at Domingo. A letter
to the commission states the crossing
is In good condition.
In the matter of e A. Mayo vs..
the A. T. & s.. f., a request for
Sunday service on the Magdalena
branch, the commission has written
Mr.. Mayo that under the circun-
stances, when the government is ask
ing that increases in transportation
expenses be reduced In the interest
Of economy in equipment and oper.
expenses. 1T cannot insist on
the new service being installed.
b. u. Jacobs vs.. Colorado & South.
ern, request for loading pens at
Mount Dora. II. A. johnson. traffic
manager Of the railway, writes that
the improvement Is impossible under
the present wartime conditions.
r. R. Larkin of Las Vegas writes
the commission that he has retired
as secretary OF the railroad commit
tee OF the New Mexico Educational
association, and that MRS. Nina Otero-
Warren has been selected for the
place. Mr.. Larkin sends the thanka
81 the association to the railways OF
The state for their liberal treatment
the teachers in the matter OF
rates for the recent convention OF
he organization In Santa Re.
El Nuevo mexicano., 1918-01-10
SENATOR SMITH
FINALLY LANDS
i'm ". 5. ARMY

Clayton, N. M, Jan. sc. C. Smith.
formerly state senator from Union
county, has succeeded In enlisting in
the United States army. being accept
ed in the signal corps as an expert
photographer. It had been reported
here that the senator had offered HIS
services in the infantry and had been
turned down for q physical defect.
According to the Clayton News, Mrs.
Smith was opposed to her husbands
enlistment, but he succeeded in f'eIopE
ing" to the recruiting office. Mrs.
Smith has Joined her husband in I'll
Paso and will remain with him till
his departure.
El Nuevo mexicano., 1918-01-10
Tittman Wants Lincoln
Cane Order Vacated

Attorney .. D. Tittman, Of Hills
boro. Sierra county filed a motion in
the district clerks office this after
noon asking Judge Holloman to va
cate the order the court recently en-
tered In favor OF the plaintiff in the
case OF Ventura Moptoya We. Ambro-
sio Martin. The order directed Mar.
tin to deliver 10 plaintiff d Lincoln
cane, a cane from Old Mexico and
certain papers which were considered
essential to the manifestation Of aus
thority by plaintiff who Is governor
o. the indian pueblo Of san Juan.
El Nuevo mexicano., 1918-01-10
CITY is IN
BEST OFH1EALTH,
REPORT SHOWS.

Albuquerque, N. M. Jan. City
Manager Paul Redington got his first
report from the health department to-
day. It showed that during the clos
ing six months OF 1917 not q single
death from communicable disease oc-
Cured In the city, and that Of the
total Of SO cases 81 OF them were
rhickenpox, whooping cough and
measles, with only two cases Of scar
let fever, and three Of diphtheria to
represent the more dreaded ailments.
El Nuevo mexicano., 1918-01-10

albuquerque, N. NJ, Jan. 8.-Roscoe
DowelI, arrested under the name OF
Ralph Darst last week as q fake the
atrical agent engaged in an attempt
to swindle stage-struck youths and
girls, win be sent to Price. Utah, to
answer to O charge OF theft.
Darst, Id his alleged confession, said
his right name was Dowell. He said
he left HE wife, whom he married in
Helper, In Santa Re on his way here.
He didn't want to put her up against
IT, he said.
El Nuevo mexicano., 1918-01-10
EXEMPTION BOARD
DELUGED BY APPEALS

Claims and appeals are pouring in
to the exemption board for District
No. / from all parts OF the state.
The board Is making every effort to
give proper consideration to each, SO
that all men registered for military
service will be given the fairest pos
sible treatment. 1t Is said that the
number OF claims for deferred classi.
fication on industrial grounds are to
some extent greater than the appeals
from classifications on the grounds
OF dependencies. Cases from San
Juan, Taos. Guadalupe, Sandoval and
Bernaiillo have been under consid-
Grafton today. The board meets in
the house Of representatives chamber
in the capitol.
El Nuevo mexicano., 1918-01-10
E~NLIsTMENrs MAY be 27Oo

Major Webb, assistant adjutant gem
eral OF New Mexico, win leave Wed
nesday for Denver, for the purpose OF
securing the names OF New Mexico
boys who voluntarily enlisted In the
navy or army in Colorado cities. Ma
jor Webb will visit Pueblo and Tripi-
dad He believes that hts investiga-
lions IN Colorado WIN disclose that
nearly two-htirds as many New
Mexicans as enlisted in Texas sta
tions have joined the military or naval
forces through enlistments in Colo
RADIO. This win bring the voluntary
up to somewhere near
200, it Is thought.
El Nuevo mexicano., 1918-01-10
NO a OF DECEASED

An amusing reply to the recent
notice 10 make a report for taxation
purposes has been received by the
state tax commission from Colonel w.
-. Hopewell, representing the Phil
adelphia Mining a Milling company.
The colonel wrote:N
Il am in receipt Of your commune
cation addressed I me as agent of
the Philadelphia Mining & Milling
company. and I beg to state that the
company had a natural death several
years ago In Sierra county not far
from Hillsboro. and its remains can.
not be discovered" ss.
El Nuevo mexicano., 1918-01-10
APPLICATION FOR GRAZING
PERMITS

NOTTCE Is hereby given that all
applications for permits to Craze
cattle. horses, hogs, sheep and
goats within the SANTA FT MA
TIONAL FORREST during the sea-
son OF 1918 must be filed in my Of
flee at Santa Fe, New Mexico, on
or before January rs. 1918. Full
information In regard to the graz
ing fees to be charged and blank
forms to be used in making appli-
cations will be furnished upon re-
quest. JoeEPH Q. WRCEEER,
Supervisor.
El Nuevo mexicano., 1918-01-10
IN ENGLISH

b. zakharoff, of Kharkov, Russia,
has written to State Game and Fish
Warden Theodore Rouault, Jr., ask
ing what methods are used in New
Mexico for the protection and propa-
cation Of game. Answer In any Ian
guage," wrote Mr.. Zakharoff. Il tried
him on good old English said Mr..
Rouault this morning, and gave him
all the information he asked for"
El Nuevo mexicano., 1918-01-10
CLAYTON BUSINESS
MEN CO. OPERATE
WITH FOOD SERVICE
INTERESTING AND ENTHusiAs-
TIC MEEriNos HELD ~ STATE
FOOD ADMINISTRATORS ely.

Clayton got on board the food con
seryation wagon following meetings
held by State Food Administrators
Ralph c. Ely there Saturday, a lunch
con attended by the business men
being a feature. Wheat, beans, broom
corn and credits were discussed at q
big gathering OF business men and
farmers in the afternoon; the Ladies'
Home Economic club also. held 4
woman's meeting and a popular meet
ing in the evening heard the general
policies Of the food administration
discussed. The business men OF
Clayton pledged their cooperation
with the food administration.
El Nuevo mexicano., 1918-01-10

The following persons have been
appointed notaries public by Cover
nor Lindsey, Bridget Luchetti, Rio
Arriba county; Frank A. Burdick,
Pennington, San Juan county; ELAN
L. Clapp, Hatch, Dona Ana county;
Jesse 7. White, San Jon. Quay
county; Charles G. Peck, Jr.,
Ration. Colfax county; William Al.
Bayer, Arthur SENEGAL, Ida @. Krick,
all OF Santa Fe, Santa Fe county;
Mrs. Anne Bennett, Richland, Roosc.
welt county.
El Nuevo mexicano., 1918-01-10

from which this appeal is prosecuted
Judgment Of the court below az
firmed.
syllabus
l. The transcribed notes Of the
atenokrapher. certified by the trial
court. under the provisions Of Sec.
1893. Code 1875. must be filed in the
office OF the clerk of the district
court, and by such clerk included In
the transcript or record" and prop
erly certified to BY such clerk, and
attested by the seal Of the said court,
otherwise they cannot be considered
by the supreme court.
q. A holder or color OF title to a
small tract OF government land en-
braced within the limits Of the orig
inai survey Of a Mexican land grant,
which was without the limits of such
grant az finally confirmed by the
court Of private land claims. who had,
or whose predecessors in title had,
expended large sums IN improving the
land, and where the original allot.
ment OF said land and the settlement
and improvements thereon had been
made in good faith, has sclaim or
color OF title made or acquired in
good faith within the spirit OF the
act. Cong. Feb. rs, 1886, G. 149. 70
Stat. 321. (U. 8. Comp. ST. 1918. Sec.
~4997I002). Hence q contract for the
sale Of said land IL not an Illegal
contract, and the fact that such
grantor received his confirmafory
deed from the corporation. created BY
the legislature to carry out the pur-
pose of the grant, after 1t was def.
nitely known that the land thereby
granted and confirmed by such deed
was without the limits OF the confirm
ed portions Of the grant, does not
change or alter His status. The case
Of Third National Exchange bank vs..
Smith. 20 N. M, 264. followed.
Opinion by Justice Roberts, Chief
Justice Hanna and Justice Parker
concurring.
Following is the syllabus Of yester.
days early decisions;
Case No. 207O:
l. The statute Of limitations com
mences to run against a cause OF &C.
tion on a note upon default Of pay
ment Of interest, where the note pro-
yides that "in case Off default in the
payment OF any interest payment,
then the whole principle sum shall
become due and collectible."
2. A Judgment creditor, having a
general lien upon the property of the
mortgagor, may plead the statute OF
El Nuevo mexicano., 1918-01-10
sLAcKERs

Jack Lewis, Of South Dakota, ana
Joe Johnson. OF utah, alleged slack
ers arrested at Albuquerque, have
been turned over to the u. s. author.
tiles. Frank Pacheco and Frank and
Charles Newton, Of Springer, held TO
the grand jury for alleged draft eva
sion in $4,000 bond each. have also
been brought here. Pacheco pleaded
guilty.
El Nuevo mexicano., 1918-01-10
TO LOCATE ROAD

R. L. Cooper, an assistant state
engineer, viii so tomorrow to Ger.
|rillos to make a location Of approx.
mately one mile OF road In the vi
entity Of the Cash Entry mine. The
present road is located In the bottom
or a canyon and Is undesirable in
many respects. 1t Is understood that
the expense OF building the new
road will be borne BY the county
and the mining company. The road
Is q part Of the Camino Real.
El Nuevo mexicano., 1918-01-10
vlsIrlNc NUReE pAye

Albuquerque N, M, Jan. S.-irhat
the employing Of a visiting nurse IN
the city schools was one Of the best
investments ever made by the board
Of education Hers was the opinion ex.
pressed yesterday BY superintendent
John Milne. 'srhe changes she has
brought about Ia some Of the rooms
are remarkable" he said.
El Nuevo mexicano., 1918-01-10

PARDON GRANTED

A pardon has been granted by Gov.
ernor w. 10. Lindsey to Pearl II.
Bailey, who was sentenced In 1916 to
80 days In the county jail and to pay
a fine Of 800. At the time Of the
imposition OF the sentence. notice OF
appeal to the supreme court was
given, but the appeal was never per.
fected. Judge e. l. Medler. who Inn
posed the sentence recommended
clemency.
The Ease Is from Dona Ana county.
El Nuevo mexicano., 1918-01-10

Governor Lindsey, Secretary Of
State Lucero, State Superintendent
Wagner, Herman Ilfeld and Hallett
Reynolds of Las Vegas comprise the
state wal savings committee named
by Mr.. Reynolds, who is New Mexico
chairman for the national war a v
ings committee. Messrs. Lindsey,
Lucero and Wagner will attend a
conference Of county chairmen in AL.
buquerque on January IL.
El Nuevo mexicano., 1918-01-10

has returned from Cimarron and says
he has brought back three prisoners
now held In the county jail here
pending action Of the federal grand
Jury on the charge OF being slackers
and falling TO register. He gave their
names as Charles Newton. Frank
Newton and Frank Pacheco. They
we're given d preliminary hearing AZ
Springer. N. NJ, before U. s. Commits
sioner Florsheim.
El Nuevo mexicano., 1918-01-10
DEAcoNNEss EMpLoyED

Roswell, N. mr., Jan. S.-jNfiss Inis ].
Grow, an ordained deaconness and a
graduate Of the Kansas City Deacon.
ness Training school, began her du.
ties yesterday with the First M. e.
church of Roswell. This is q most
progressive step for even this wide
awake church to take.
El Nuevo mexicano., 1918-01-10
PLEAplNes LOST

District Judge Holloman today
granted the motion of Judge M. @.
Spicer, attorney for the city OF So
zorro, to substitute copies OF plead.
ings, except the complaint, in the
case Of Maud H. Frost VS.. City OF
Socorro, certain papers having been
lost.
El Nuevo mexicano., 1918-01-10

A meeting of the state highway COM
mission will be held tomorrow in the
office Of State Engineer James A.
French at the capitol. Regular routine
business Of the commission is to he
transacted, and 1t is believed cUnsid-
El Nuevo mexicano., 1918-01-10
EArAI AcclnEMr

L~ordsburg, N. NJ, Jan. 8.-1M. y.
Green, a fireman for the Southern Pa,
cific, sustained a fractured vertebra
from which he will likely not recover.
when the rope on the water column
broke while he was filling an engine.
El Nuevo mexicano., 1918-01-10
CIVIL SERVICE EXAMINATION

The local secretary OF the civil
service board announces a special
examination to be held here Janu-
airy rs for forest and field clerk.
El Nuevo mexicano., 1918-01-10
SALE OF SCHOOL LANDS

Fred Muller of the state land COM
missioner's office, went today to Es.
tancia, where he will conduct the sale
OF school lands. Not a large acreage
Is involved in the sale
El Nuevo mexicano., 1918-01-10

cradle new business viii be ccnsid4
cred. I.
El Nuevo mexicano., 1918-01-10
DISPATCHER HAS ApPENpIcIrIs

East Las Vegas, N. M, Jan. 8.--Roy
w. Prentice, chief dispatcher for the
Santa Fe railway here, is in the com,
pany hospital recovering from an OPP
GRAFTON for appendicitis, performed
Saturday.
El Nuevo mexicano., 1918-01-10

GAt0U VS.. 1aHt
William j. Eaton, plaintiff in error
vs.. First National Bank OF Dalhart,
descendant in error. Union county, No.
1919.
From the judgment Of the district
court against the def7ndnpt IL error
but not covering the amount claimed,
the plaintiff IN error sues out 9 writ
OF error.
Judgment Ok the dourt below Al
fismod.
SYLLABUS
Questions PENDENT Upon facts ap-
peAr'pg In the transcript Of evidence
can be cone'dfred where the pro-
ceenihf az Nd tfial are nos made q
part Of me record BY bill Of exeen-
tons, or certified to BY the court CT
referee.
opinion by CHIEF Justice Hanna,
Justice Parker and Justice Roberts
concurring.
Field vs. Hudson
Mary Lester Field, appellant, vs..
Clarence A. Hudson. appellee. bcf-
nAlillo county. No. 1867.
This action was Instituted in the
court below BY appellant against np-
pelleo for partition Of Lots IS and IA,
Block 2, Perea addition to Albuqner-
que, N. M. such lots being owned
by the parties as tenants III common.
Appellants sought a partition IN kind.
The appellee asked for q sale OF the
lots. Commissioners appointed 70
make partition and report, that the
lots would bring only 500 II sold sep
arately and recommended that the
plaintiff being the owner Of lots adj
joining Lot Is on which she had yal
liable improvements that Lot Is be
set over to APPELLANT and Lot IA
to appellee and that appellant pay the
appellee the sum Of $50 damages.
Both parties excepted 10 the report
Of the commissioners and the jndg-
ment Of the court which divided the
property and decreed the payment OF
as recommended BY commits
and both parties appealed.
The court on the former trial revers.
ed the case, holding that 1t was not a
proper case for the application Of the
doctrine OF owelty.
The mandate Of this court in the
former case was filed in the court be-
low on September %. 1915, where
upon appellant, (plaintiff below
filed q motion for Judgment. The
court denied the motion and appoint
ed new commissioners to partition
land. Plaintiff rendered certain
which instructions were
refused. Thereafter the said commits
sioners reported to The court that
the lots were SO cifcrmEtanced that
the partition thereof could not be
made without manifest prejudice 70
the owners. To this report plaintiff
filed exceptions The court ov6rRuled
the exceptions "a said report and en-
tered q d1crDe ordering the property
to be sold By special master. To all
Of which PLAINTIFF excepted and from
this appeal is prosecuted.
Judgment Of the court below af-
syiIabua
1. Under the statute, Art. XIX.
Code 1915, governing partition Of real
the district court has no pow
ar to enter a Judgment partitioning
real estate without the Intervention
81 commissioners, and the Judgment
,f the court must be based upon the
report of such commissioners. Hence,
where commissioners appointed TO-
make partition report that the real
estate in controversy a be partition
ID In kind. upon the payment Of
,welty BY one party and a decree is
entered BY the district c6uft In con-
'ormity with such report. which upon