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ALHUQUEHQUE EVENING CITIZEN.
MONDAY, SEPT. 25, 1905.
ATTORNEY CIIILDERS AND
THE REMOVED OFFICIALS
In His Answer Anent An Editorial in the Morning
Journal He Plainly Defines
To the Evening Citizen. j
The Journal yesterday morning an
nounced with some flourish of trump-'
eiT"that it would puhlish "a verbatim j
report of the brief address made be
fore the court the other day by Mr.,
Neill 11. Field, in the pending county
cases, and we do this, not for the pur
pose of enlightening our readers upon
the question of the governor's pre
rogative in the premises, hut for the
higher purpose of giving all the em
phasis possible to the warning which
Air. Field sounds against the danger
ous revolutionary and anarchistic pol
icy which the ousted officials have
thus far pursued, presumably by ad
vice of their counsel, by barricading
themselves in rooms at the court
house, and setting the law at defiance
by disobeying the mandate of the gov
ernor and disregarding the process of
This Is very fine. Can It be possible
that this editorial was penned by the
editor of the Journal? If so, can it be
possible that this is the same editor
who became notorious several years
ago by Injecting Into every editorial
he wrote howllngs about "government
by Injunction" and incentives to peo
ple who weie In open violation of the
law and the process of the courts to
trample both under their feet? This
is of little consequence, however. It
is true that counsel for the governor's
appointees has with great persistence
commended to the lawful inrntnoettib
of the offices of sheriff, treasurer and
ex-ofticio collector and school super
intendent, and their counsel, that
these officials should meekly step
down and out of the offlces they
claim, at the behest of the governor
"that their duty as law-abiding citi
zens required them to do so thai
they could then bring a proceeding in
quo warranto and have their rights
adjudicated after their terms oi otncw
have expired." Counsel for the "re
moved officials" have never yet found
it profitable or advisable to follow the
suggestions of opposing counsel in the
conduct of their cases, either from
the standpoint of their professional
duty or Ihe interests of their clients.
There are several mis-sl atement s in
this editorial which cannot be iiastfcrt
hv unnoticed. In the first ldace it is
"not title that the "removed officials"!
liite n.v mivii r m i unr iuiui.-t-i i
otherwise, barricaded themselves in
rooms at the court house and set the
i i i..; e .1 :
law at defiance. It is to the law and)
the process of the courts they are
doing their best to appeal. It is not
true that they have ever disregarded
the process of the courts. Whenever
the court issues any process command
ing them to surrender jmssession of
the rooms occupied by them as offi
cials at the court house, and other
property belonging to their offices and
In their possession,' they will yield
prompt obedience to the order. It
will not. be necessary to have present
in Albuquerque the mounted police,
so-called, or any other force. The
writs can be served by one small boy,
and they will bo promptly obeyed. It
is true that they do not recognize the
AZTEC RITE AT
STRANGE TRIBAL CUSTOM NEVER
BEFORE SHOWN OFF THE RES
ERVATION WILL BE ONE OF THE
UNIQUE ATTRACTIONS THIS
A strange tribal custom which has
never been shown off the reservation
will be given here at the New Mexico-Arizona
fair, September 27, 28 and
2!i, to be held at Durango, Colo. It is
the sacred religious rite of the religion
of the Navajo Indians, called Xe-Che-Ne-Buga,
or sacred sand painting.
These sand paintings are made oniy
by the head medicine man, and then
only In the case of extreme illness
of some member of the tribe.
The picture is made In the pres
ence of the afflicted person. Although
crude, it requires an artist, and Is
made by putting many different color
ed sands on a white sand background.
When the picture is completed, the
patient is stretched full length upon
it. The Indians then perform incanta
tions and sing sacred songs around
If this picture does not effect a
cure the picture is erased and the
medicine man proceeds to draw new
ones. The pictures represent wolves,
snakes, bears and other animals, or
reptiles, which are supposed to have
cast a baleful infulence over the sick
person. The pictures have never yet
been drawn and the rites have never
yet been p rformed off the reserva
tion. The directors of the Arizona and
New Mexico fair association have in-1
dueed the head ni"dicine man of the;
Navajo tribe to pi Norm the entire ritej
during the lair, which will he held at i
Iuirant-'o from September 27 to 2'.t in-j
elusive. It. is supposed that, Ousel
lites have been banded down from the'
EARLY DOPE OF THE I
MIDDLE WEST ELEVENS. j
Wisconsin Best u-ani in five ears.j
Michigan- Fif" en men at work;
outlook fairly promising.
i n d i an a- -Tea til allows up poorly. .
Illinois Weak at quarter; line un-j
low a Knii iiir.tn'ng for g.
M Hint sota Not the b st.
Notre l'anie I;;g squad
id . lev. n.
Northwestern Fair. i
Chicago Showiiu up we'.!. s
l'urdui Svnnc Pack of Y.n
Kansas Hi "i r than l.o-t car. j
Missouri -I'iKir. !
Ni hr.ii-ka -Bncoui aging for .-'r.mg j
"Let Us Forgfet."
1' '...a ;,;. that a n-V.ly great I
b a- t.. v r i.i n wri'ten by a worn 1
an. This n.ay be so when judged by I
t!.e .-t.iii.'ar is ' f the classical maste.s.
but tin re are many compositions by
wnin. n, throb! inic with the human ele
ment. On 1 of the swcitest of these
is "Let Us l'urL.-et," by Maude Valerie
White, which K-iet'a Gillette MouHoti
wi!! sintr at the Elks' opera hou.-e nt-v ;
Thursday t v ning. Mrs. Moulrcn's
voice and temperament are peculiarly
ad.,pteil to the rendition of tie melodi
ous Mii:gs of i Li, type.
"mandate of the governor" as having
the force of law. The "mandate of
the governor," in our opinion, neither
in New Mexico nor elsewhere, has the
force of judicial process. Whether
such mandate be the exercise of con
stitutional power or a plain act of
usurpation, any citizen whose claimert
rights are affected by it. has the priv
ilege of challenging u In the courts.
If it was the act of the president of
the United States this would be
equally tine. If it was au act of
usurpation, as we insist this was, it
would be the highest duty of the cit
izen to challenge it. Such was the
lesson we have learned, as illustrated
by the example of Hampden in refus
ing to pay the ship money, and that
of every patriot who has felt his
rights trampled upon by executive
usurpation from that day to this. We
sincerely hope It will ever be so. It
is useless for the enemies of the Hub
bells to try to answer this proposition
by abusing them. The principle Is
the same, whatever the thai acter of the
"removed officials" and the governor's
appointees may be. To quote from
that great judge, Chief Justice Mar
shall, in that great case, Mayberry vs.
Madison, In which he laid down the
principle that the validity of the presi
dent's acts was always a subject for
Judicial determination, when they af
fected private rights "This is a gov
ernment of laws, not of men."
I cannot attempt to publish the ar
gument of counsel for the "removed
officials" In the pending cases, but I
do use an illustration used in that ar
gument because It aptly Illustrates
what has always been our os!tlon.
It is this. If I claim a piece of prop
erty and have peaceable possession of
it, be my title good or bad, no man
has a right to dispossess me of It, with
or without force, except by process of
law, according to settled judicial pro
cedure in other words, according to
the law of the land. To that piocess,
every good citizen not only should,
but must yield. It has been well said,
no official, be he governor or presi
dent, in this country can exercise
power nHin the maxim of the renown
eil emperor's, "Sic volo sic jubeo"
"My will is the law." This is the gov
ernor's mandate. That we refuse to
obey. When the courts have ordered
us to obey it, it will have the force of
law, until some higher court has set
aside such judicial decision. Until it
has received such judicial sanction it
is open to question, as Chief Justice
Marshall said, speaking of the act of
the president, in effect, in the same
manner and to the same effect as if it
emanated from any other source.
In order that there may be no mis
apprehension, and on account of a
statement made in the Journal the
other day, I add that a determination
upon the issues involved in the pend
ing cases does not necessarily de
teimlne the power of the governor
now called in question, nor settle the
right of the "removed officials" to re
tain possession of their official quar
ters and discharge their official
W. B. CHII.DERS.
ALLEGED JAIL BREAKER
ARRESTED IN THIS CITV
JOHN LYNCH IS SUSPECTED OF
ESCAPING FROM SILVER CITY
PENAL INSTITUTION OTHER
POLICE COURT BUSINESS.
A man giving his name as John
Lynch, was arrested late Saturday
evening in a First street saloon and
lodged in the city jail. Lynch an
swers the description of a man who
broke jail at Silver City a short time
ago and Is held awaiting Identifica
tion by a member of the New Mexico
mounted police. Lynch says that he
is not the man wanted and that iie
was never in Silver City. He says
that he has been employed on the Be
len cut-off for the past two months.
Morris Hobbs, who was run In Sat
urday night for being drunk and
asleep In the street, was arraigned be
fore Judge Crawford in police court
this morning. Although the repoit of
the officer who arrested Hobbs was
that he was repeatedly warned to get
up and go home that he failed to do so,
and as a result he was given a berth
in the slat house. In court this morn
ing he acted like a very much abused
man and was indignant when accused
of being drunk. He pleaded not guilty
and will be given a hearing at 5
o'clock this evening.
Andreas Alvares and Bernardino
Garcia went beyond the bounds in the
celebration of carnival night and as a
result were gathered up by an officer.
Both pleaded guilty to being drunk
and disorderly and were each fined $i
or given the option of entering the
employ of the street commissioner for
five days. They will probably render
valuable service in cleaning up the
A fellow giving his name as Frank
W. Weston and who was arrested Sat
urday night, suspected uf being a pick
pot 1.. t. got off very easy. Weston was
arrested uiKin information furnish. I
by several parties w ho saw him inset t
his hand in the pock.ts of one or two
persons on the s'rects during tin
crush of Saturday nigh'. As these
parties failed to appear in police court
and testily, Weston was arraigned on
a charge of vagrancy, an 1 pleaded
gtiil'y. He must serve fi ft . . n ,!a; - in
The order rt irarding the throwlntr
of confetti was very well obeyed.
Only one arret was made for its vio
lation and that was in the ease of
I'ucaotiio Nuanes, who was arrested
for picking up confitti off the si le
wa'k and throwing it. He pleaded
gu:i'y and was fined $5, whb h was
Some grocers sell Schilling's
M baking powrf Ip'-am
terming .auacM tuA
moneyback; some don't.
They have their reasons
S'itsorlbe for The Evening Citizen
They Adopt Fiery Resolutions;
Against Violation of Law
by Liquor Men.
NEW OFFICERS ARE ELrCIED;
The members of the Kp worth League
of New Mexico met at the Lead ave-'
nue Methodist church yesterday alter-!
noon for the purpose of forming a per-;
manent territorial organization and
electing officers for the ensuing year.;
The meeting was largely attended by j
delegates from every section of the1
Many Impromptu addresses were
made and discussions entered into re
garding the work of the league in the
territory, after which balloting began
for the election of officers for the en
suing year. The officers elected were:
President W. G. Ogle, Las Vegas.
First Vice President Frank G.
Second Vice President A. E. Itob
Third Vice President Edith Cor
bett, Las Vegas.
Fourth Vice President Alice
Secretary-Treasuter C. H. Apple
The selection of the next meeting
place was not definitely decided upon
at yesterday's session, but will be
held either at Las Vegas or Albuquer
que. The committee on program for the
next meeting was selected as follows:
H. B. Hammond. Albuquerque; Mabel
Fulghum. Baton; Maggie Emmons,
Last night the two city leagues, the
Highland Methodist church league
and the Lead Avenue Methodist church
league, held devotional services at the
Lead Avenue Methodist church.
Adopt Fiery Resolutions.
At their meeting yesterday after
noon the Epworth leaguers adopted
strong resolutions protesting against
the wholesale violation of the law on
the part of the liquor dealers. The
Whereas, the saloons with their de
bauching bars and coiruptlng games,
are open on Sundays in direct viola
tion of the Sunday closing laws of
iew Mexico, and
Whereas, the officers of the law fall
to enforce the law respecting Sunday
Whereas, the law-abiding citizens of
Albuquerque whose children are rear
ed amid these corrupting influences
seem to he in a state of apathy con
cerning the dangers that menace
Be it. Resolved, First, that the Ep
worth League of the Methodist church
assembled In convention at Albuquer
que, place themselves on rPcord as
being openly and eternally opposed
to the liquor traffic and all its allied
Interests; that It brands the officers
of the law whose duty It Is to enforce
the same, as recreant to fhelr trust
and unfit to be the servants of the
people; that it denounces the apathy
of law-abiding citizens and seek In
every legitimate way to arouse the
conscience of the community, create
a strong public sentiment against the
saloon, the gambling den, Sabbath des
ecration and all violation of law, and
seek to unite the forces of righteous
ness for the overthrow of evils that
menace our homes and national life.
Furthermore, be It
Resolved, That we be not content
with passing resolutions, but that a
committee be appointed by our re
spective chapters to co-operate with a
committee to be appointed by this con
vention to prosecute the war against
the drink traffic and Its allied Inter
ests, and to this end we pledge "our
votes. Influence and best endeavors
to enlist sympathy and co-operation
of our judge, legislature and citizens
In the figM against a common deadly
JEFFRIES SAYS THAT ALL
BETT WERE DECLARED OFF
Inasmuch as there are a number of
wagers on the Britt-Nelson fight tied
up in Albuquerque as the result of
the change of referees at the last mo
ment. The Citizen took pains to se
cure an interview with James J. Jef
fries on the subject. Mr. Jeffries was
at the ringside, and up until the name
of (iraney was announced from the
ring, he was expected to be the ref
eree. Mr. Jeffries said that Graney
was chosen less than an hour previ
ous to the fight, and that all bets
made five minutes previous to the
time the fighters stepped Into the
ring were declared off. Bets made
after this time were paid in favor of
IVES, THE FLORI8T.
Fresh Cut Flowers.
STARVING IN ALBUQUERQUE
Men and Women Who are in Need of J. H.
O' Rielly and Company's Liberal Offer.
There are scon s nf peii in AIDn-
qtierque and vicinity who are starv-
ing in the niiil.-t of plenty. This is
I not because tin y are In need or food,
hut lieiau.-e they cannot digest the
; food they eat.
Our leading dniL'gis's, J. If. O'Rielly
& Co.. make a liberal off.r to all
whose stomai h Is weak and cannot
propei ly digest food. They have re
cently received a large supply of
Mi-o-na, a remedy f.,r the cure nf
O. F. C.
Bottled In Bond.
MELINI & EAKIN
Albuquerque, N. M.
Automatic Phone, 109.
Boarding Horses a Specialty
WHERE TO DINE WELL
SANTA rE RESTAURANT
MEALS AT ALL, HOURS. Quick
time, good service, at reasonable
prices. The nearest place in Albu
querque to Santa Fe deiKit. Open
day and night. Bar In connection.
LYNN, HAVEN BAY, and BLUE
TOINT OYSTERS In any style. First
street and Silver avenue, opposite de
pot. Meal tickets, 21 meals tor $5.
The territorial fair Is comin';
iou'11 see who keeps things rollln'
All haulln, sprinklin' will be done
By the Albuquerque Transfer men.
New Hotel and Rooming House.
Open September 11, at 821 South
Third street. Your patronage solicit
ed. Special rate to regular hoarders.
Mrs. R. Green, proprietor.
GENERAL REPAIR SHOP.
I have opened a general repair shop
on South Third street, back of Wal
ton's drug store, and solicit the trade
of the city. L. H. SHOF.MAKER-
Movin Drayin' Shippin'
You have us once, you'll
call again. Prices right;
there ain't no gougin.
By the Albuquerque Transfer Men
O. F. PL ATT,
The real cleaner and dyer. La
dies' and gentlemen's firve
clothes a specialty. Portieres,
lace curtains, etc. 609 Hen
drix avenue. Old 'phone, Red,
TO MANAGER HOUSTON
The jokers on the Gallup base ball
team, who evidently are pleased at
the misfortune which overtook the Al
buquerque team at the base ball tour
nament, wired the following prepaid
telegram to this paper and in turn it
Is respectfully submitted to Manager
Gallup, N. M., Sept. 24.
To the Evening Citizen.
Please Inform the Albuquerque base
ball club that McGraw. the king of the
base ball field, has written a book on
"How It Is Ione." pub.isbed by Rich
ard K. Fox, New York. Price 10 cents
per copy. We suggest that they should
have one. Please publish.
GALLUP BASIC HALL CLUB.
Major H. R. Whiting has a bicycle
wheel, which the owner can have by
calling upon him In old town, proving
property and paying fur this notice.
Married, at St. John's rectory on
September 2:t, by the Rev. A. G. Har
rison, Samuel F. Wallis and Miss .M.v
garet Howard, both of Albuquerque.
Yesterday afternoon at St. John's
Episcopal hurch. Rev. A. G. Har
rison united in marriage Rev. William
Wylllo, of Winslow, Ariz., and Miss
Mabel Cook, of New York city. Ttr
bride arrived in the city Saturday
night from New York. Rev. Wyllie
is missionary in ctin.ge ui me- episco
pal churches at Winslow, Gallup and
the various missions along the line of
the Santa Fe from Albuquerque to
t-toinai h iron!,:, s
under an abnlu'i
cost-; nothing tniN
'tie little tail
ami will sell it
g.ias.ntoe tbat it
i-s it cur, s.
I out of a "e ci ni
box of Mi-o-na before meals, and you
can eat. what you like. You will have
no more headaches, bad -aeln s, heart
burn, or indigestion. M i-o-mi will gu ,
you pe.fect btalth and -'nntli.
(ii-t a box of tin; ta'd-'s tod.i, with
J. H. H. idly & f,, ... liiia.-ai.'te,. to
ii fund the lijoin v if :!mv do not cure.
mi TT TT !
j-iio nappy iiou.sewiie
talis pride In her bread and
cal.e making knows the pleasure and
nitisfaefion to le hsl by the use of
F.mpress mills Hour. She knows her
bread will he the whitest, sweetest,
mo.-t nutritious ami healthful, and her
ahes, pics and pastry dainty, delicate
1H West Copper Avenue.
The Golden Rule Dry
THE BIG STORE WITH LITTLE PRICES
Visit Otir Ready-to-Wear Section
The Largest and Best
Assortment in the City
Offer to supply you with anything In
our line, at prices that are fair and
square, and we are now making
On the Following
$12 Refrigerators $9
$8.75 Blue Flame Oil Stoves. .. .$8.75
$8 China Tea Sets $6
40c China Salad Bowls 25c
Decorated' Havlland China, at 20
per cent discount.
75c Glass Berry Sets 25c
35c Glass Water Pitchers 20c
$1.75 Decorated Lamps $1.25
$4.50 Decorated Lamps $3.25
$1 Steam Cereal Cookers 65c
50c Steam Egg Poachers 40c
$12.50 Buggy Harness $10.50
FOURTH ST. AND RAILROAD AVE.
THE DUKE CITY
Tea and Coffee Co.
m West Silver Ave.,
A Complete 5 1 ck High-Grade
Teas, CcfTces, Extracts
Spices and Raking Powders.
BUTTKR and KOOB
We handle our own brands
of Butter and can guaran
tee the freshness and good
quality. All our highest
grade of goods bear our own
label and are guaranteed by
Colo. Rhonm Black 73
S. T. VANN, O. D.
President of New Mexico Board of
First established optician in New
Mexico. Glasses fitted for poor sight,
headache and nervous strain.
O.'llce Room n, Whiting block. Ap
pointments made at Vanu's drug
0. W. Strong's Sons
riaper.ntenderiu Falrvlew and
Can a i:.u-bara Cemeteries.
MO.N I'M KNTS.
J'jl UIl N .-'econd Ct., lioth I'ht.ius.
American cooking; also all Mexi
can dishes a specialty. Short orders.
Meala served at all hours. Old Town,
fcou'.h of court bouse.
NICK FRANCO. '
NEW STYLES IN
Suits - Coats - Skirts
Waists - Furs - Sweaters
LONG COAT SUITS $10.00 to $45.00
A very large and well selected stock of assured styles, In
long coat effects. New and exclusive designs and materials,
comprising a wide rane of colors.
THE NEW COATS $1.50 to $50.00
Long and medium length coats, the very newest models, In
Broadcloths, Covert Cloths and Kersey Cloth.
SKIRTS-Walking and Dress Skirts
In greatest variety; skirts from $2.50 to $40. No matter
what kind or size you want, we can pleaso you.
FURS$5.00 to $150.00 Each
of Furs ever brought to the city. We
cave you call and look over this beautify line
Women's Waists, Sweaters and Petticoats In Great Assort
ments and Variety.
Carpets, Rugs, Matting,' Linoleum, J
Curtains, Portieres and Draperies
And also a full
Our prices are
Albert Fa h fir. 305 Railroad Avenge
A - - -
f-V, j.- '.,;-v- .vv -.
it. r s
B. H. BBIGGS A. CO.
, rust m. a:u! (.oil Ave. Props. A.varado Pharmacy. PotU Phones.
are showing ,;r the Fall
and Winter .son, new Je- Q
Electric & Construction Co.
Electrical Pumping Plants
Of Every Description
Agents for the Crocker
Wheeler Dynamos and
Store and Residence Wir
ing a Specialty. All
work fully guaranteed.
AgentB for the celebrated
"Gyrofans." See them
In European Hotel Res
taurant. We give tickets for the
Member National Elec
trical Contractors' As
sociation. 216 SOUTH SECOND ST.
w v. vwvwv vtvwvvvsc
ine LOioraao leiepnone to. :
Room 18, N. T. Armijo Building. !
IV) you reali.e that you can get
modern telephone service today for
what you are paying ft-r inferior ser
vice? The only long dNfance transmitters
and receivers; wall or desk sets; long
time lontracs, as yon wUh; lowest
OUR COAL YARD
Is chock full of coal that will gladdss
your heart and warm your hooss
when Irs cold. Md your bins tea
next winter now and avoid the rasa.
American Plock coal, the best GaUoy
mtued. c'errillus Lump, the standard
heating coal. All sizes of hard ooal
Factory wood, $3.00 full load; Orei
Mill wood, $2.00 full load.
Eureka Whits Lima.
HAHN'9 COAL YARD.
Auto Phone, 416. Colo. Phone, 4i