THURSDAY, SEPTEMBER 27, 1908.
CtWi rr i ' PAGE HVi
ALBUQUERQUE EVENIXO CITIZEN
Of Pennsylvania by William
Barret Rldgely. Comptrol
ler of the Currency.
Philadelphia, Ponn., September 27.
Except from very rare and except-
lonnl causes, such as sudden panics
or runs due to false rumors, there i,to discover fraud. It Is the direct
never any reasonable excuse for the Tors' business to prevent it. If they do
failure of a bank or trust company. It not. they are guilty of criminal In
' , , ... . ,. ; tent or almost equally criminal neg-
is almost always me
disable folly and Incompetence or
dishonesty and fraud, and often due
i.. all of the combined. When a
bank does fall, it Is the fault of the i
board of directors. Many others may ,
be to blame, perhaps more than the
Uliectors, but the final responsibility
of bank management rests upon toe
directors, and they are to blame, tnat
Is the whole board aa a board and the
members as individuals are to blame
it they allow trie officers or perhaps
only a few of the directors, to bo man
age, the business of . the bank as to
bring 'on Insolvency. It may be the
president or cashier who commits In
detail the acts or crimes which wreck
a bank; the directors may be entire
ly Ignorant of what Is being done, but
It lH their fault, if tht?y allow them
selves to be kept In Igaorance or to
be deceived and thus permit It to be
done. It is the duty of the directors
of r. batik to keep themselves inform
ed about Its business and so to direct
tts uffalrs as to prevent Its failure.
The laws under which most joint
stock bauka are organized define the
duties and responsibilities of directors-
In practically the same terms.
The National bank uct provides that
"The uffalrs of each association shall
be managed by not less than five di
rectors." and that "each director
when appointed or elected, shall take
an oath that he will so far as the duty
devolves on him, diligently and hon
estly administer the affairs of Bitch
association, and will not knowingly
violate, or willingly permit to be vio
lated, uny of the provisions of this
In many cases the federal courts
have declared that a director's duty
is not discharged by merely electing
officers of good reputation, ability
and Integrity to manage a bank and
then leaving the business In their
hands. The board of . directors, the
courts, have held. Is bound to main
tain a supervision of the affairs of
their association, and to have a gen
eral knowledge of , the character of
Its business and the manner In which
it Is conducted, and to know at leaBt
upon what security its larger lines of
credit are given.
-The United States supreme court
decision most in point is the case o'
Hriggs vs. Spauldlng, which was a
suit brought by the receiver of the
First National bank of Buffalo against
the defendants as directors, for fail
ure to perforin faithfully and dill
gently the duties of their offices; that
they had failed to call and hold meet
ings appoint any commute of ex
amination; require bonds or make
personal examination into the con
duct and management of the affairs
of the nank, but allowed the execu
tive officers to manage it without su
pervision. In rendering its decision,
the court said, Mr. Chief Justice Ful
ler delivering the opinion:
"Without reviewing the various de
cisions on the subject, we hold that
directors must exercise ordinary core
andt prudence in the administration
of the affairs of the bank, and that
this Includes something more than
officiating as figure-heads. They are
entitled under the law to commit the
bunking business, aa defined, to their
duly authorized officers, but this does
not absolve them from the duty ol
reasonable supervision, nor ought
they be permitted to be shielded
from liability because of want of
knowledge of wrong doing. If that ig
norance Is the result of gross inat
tention." (Brlggs vs. Spanieling, 141
U. H., 132.)
hi a great many cases directors
faithfully, conscientiously and effi
ciently perform their duties. I believe
the cases of this kind Increase in
number every year. It Is becoming
more and more common to find di
rectors making or causing to be made
thorough examinations and audits of
the bank books, and checking up not
only the clerks and minor officials,
but also the presidents, cashiers and
managing officers. There are, how
ever, still too many cases where the
tiiiectors content themselves with
v"uB ouicers whom they believe
... w uunesi ami competent and leav- The Socorro county republicans In
itiK eertlilng to them. Fortunately, ; convention assembled yesterday elect
i " .I r kln1 of 0ffirer8 are ed delegates to the Lis Vegas eonven-
cliouen. the resells obtained are of- 1 i inn nH a.i inloil rum it ii I ln u mill iiiuiIa
..ii .ii. r aa Koo.l as wnen the direct- 'endorsements decidedly in keeping
org follow up the business more'wiih party principles and the terrl
cloHidy. There is much to be said In turia! organization. The only Instruc
favor of one man management of I lions given the delegates was to ad
any business, and especially of a ! here to the unit rule ou all questions,
bank, when you have the right man The convention expressed confidence
in the riKht place. Jt is apt to be j lu the honesty and inugrity of Hon.
vigorous, efficient, and successful. I H. O. Uinsuni and endorsed Delegate
Muny of the groat hanks of (he world, ' Andrews. The delegates to the con
es well a?, the most successful rail-! ven'lon are H. O. Bursum. A. V. Abel
ways, industrial and commercial en-i ta, J. E. Torres. Domingo Baca, Mar
tirprises, owe their commanding sue . vey Richards. .1 A. Torres, l.eandro
cess to the genius of one strong man, Bat a, J. K. Oiiltith, Manuel S. Pino,
who, by bis force and aigh character, ! Abruu Abeita. V. K Martin.
iijj co.-npieieiy dominated their af-
When a board of directors finds'
such a man. or when he finds himself
uno chooses a board of his own to
Mtpport him, it mal.es a great bank.
In mi si casta evtn where a great
fouiu-i is not chisen, be directors
elect to olflce men of high character
l Ilil SMtfii'lelll uliility. Allleriean
ba:iks. ciitaiuly since. !h civil war,
li:tw l.c u very s-tcc, sfi!l. The lev
' vu of ihe iiiiti-imii 1 hi 1 1 v.- jH ,. mark
la tne small uuuiber of failures
land the comparatively small amount
lest ta depositors of the many iu
Hon of dollars on deposit. The trust
companies and the banks of many
states have highly satisfactory and
commendnble records. These records
have heen largely made by banks run
entirely by their officers, with little
real supervision by the directors for
such management has been the rule
rather than the exception.
The examiner and the hanking de
partment may be or many not be to
blame. Sometimes they are at fault
In not having discovered conditions
sooner. Hut the examiner can not and
should not be expected to entirely
prevent wrong doing In a bank ex
cept bo far as fear of detection may
do so. The examiner does hla duty
if he discovers dishonesty and crime
after It Is committed. He can do
nothing until some, perhaps all. the
harm is done; until the loan is made,
the forged note Is In the bank, the
fraudulent entry made, and the
. f .V ,,arnin,
,,,,, v., ,rriPf,r rnn ...i, ant ruin a
bank, unless the directors are his
confederates or his dupes.
Refreshed by a half day vacation,
during the time of the conventions
which prevailed yesterday, the terri
torial grand Jury returned to work at
3:3(1 ytuterday afternoon and the Uni
ted States grand Jury resumed . its
grinding this forenoon. The territor
ial petit Jury, which also enjoyed a
recess yesterday nMornoon because
of lack of ready work,, resumed its
lalors again today taking up the case
of A. W. Clelamd versus Sofle I.. Alex
ander. The plaintiff n case consisted
In pining in evidence a deficiency
Judgment secured by Hannah Harris
against the defendant for Z.Um). due
on and above a certain Judgment ren
dered In foreclosure of a mortgage, be
tween Hannah Harris and Alexander;
the defendant objected to It ore tbe
ground that the court was without
Jurisdiction to make such a Judgment,
there being no law in New Mexico
authorizing it. which objection the
court annulled. The plaintiff then
showed the assignment of the Judg
ment to Cleland and rested. The de
fendant also objtcted to the assign
ment on the ground that the suit nere
was In the name of Cleland, and It ap
pearing thai the original Judgment
was in favor of Hannah Harris; that
the action was not brought In the
name of the real party In Interest,
which objection the court overruled.
The defense is based on the theory
that ".he procurement of the assign
ment was without consideration and
hat Cleland had promised Alexander
he would secure the assignment of
the judgment without cost to Alexan
der, and promised to turn It over. o
Alexander, when procured. W. : B.,
Chllders represented the plaintiff and
Nelll B. Field the defendant.
Case Set nd Patted. ,
No. 67tl6 'irujillo Brothers vs. Zenon
Alderete, October 6. 1
No. liSiiC Frank Fraccaroll vs. Janicg
Dug Ran, September 27. -No.
6173 R. di Palma vs. J. Weln
niann, October 2.
.no. 71H ixmaciano tiallegoH vs.
Michael Mandell et tl, Sep
.No. C959 W. S. Fullerton vs. Homer
I.. Stitzer e; al. October 8.
Cases on tne docket passed were
Nob. 6767. 0863. 6X65, 913, 7063, 6993,
United States Grand Jury Discharged
i lie united states grand Jury com
pleted its labors at 2:30 this after
noon and was discharged. The grist
:t Us several days' orK consisted of
The Lincoln county delegation to
the Las Vegas convention are Charles
Spence, Dr. T. W. Watson, George
Sena, Clement Hightower, G. W. Prlch
am. It will be noticed that the MeKinley
county republicans endorsed Chair
man H. O. Bursum, of the territorial
republican central committee, for his
strict adherance to the principles of
the republican party and also that
they appreciate the work done by
Dt legate Andrews In the late congress
and pledge themselves to support him
for re-nomination In the coming con
vention. The Valencia county republicans
held their convention at Los Lunas
yesterday and elected delegates to the
Las Vegas convention as follows: Hon.
Solomon Luna. Jacobo Chaves, Ben
Bibo, Nabor Mirahal, Narctsso Pino,
Jesus Sanchez, Fiederlco Sanchez, Ru
perto Jartuiimo, Itoleslo Romero. Ad-
olfo Sunebez, Carlos Baca, Jose Sitla-
zur, J. Chav s
fin tt oil rtimit nl in ii
SOME GOOD THINGS TO EAT.
NEW MILKER HERRING
THE JAFFA GROCERY CO.
"Good Things to Eat."
REMAINS OF GEORGE
Dead Body of a Recluse Dis
covered at His Hut on
North First Street.
DECOMPOSITION HAD SET IN
Facts Point to the Theory That
I the Man Fell In a Fit and
Expired During Night.
With the lody in such an advanced
state of decomposition that the stench
arising from It could be detected out
In the street, the remains of George
Tinimis, age about 50 years, a recluse
living at 1005 North First street, were
found lying on- the lloor of the hut In
which he lived this morning by thn
little daughter or Mrs. Kugenio Row
en, who lives In the house next door
to tne llmniis hut. The body was
only partly dressed, and a night cap
covered the, head, which Is evidence
that the nun had retired, when death
overtook iliin. The bodv was lying
face downwards at the side of the
bed, and was partly doubled up as
tiHiugh the death struggles had been
of a violent nature, and probably the
result of a fit, to which the deceased
was subject, according to his neigh
bor. Tinimis was last seen alive on last
Friday, when he went to the home
o Mrs. M. Phelan of 917 North Kim
sti-ee:, for a couple of buckets of wa
ter, and had probably len dead six
days when found. At the time ot get
ting the water, the old man was In
his usual dtmeanor, which was not
very talkative. Mrs. Phelan said this
morning that he had been coming
there for water for a long time anil
she noticed no change In him on bis
visit to her well on Friday. Although
Deing the owner of a number of mar
velous cures, of his own concoction,
he was never very well, frequently
having -fliB and other spasmodic Ill
nesses. However, the fits had been
coming less frequently in recent years
than formerly. Mrs. Phelan Bald that
she had missed him the past few days
but as he was in the. habit of goinj
out to the mountains and staying away
several days at a time, she just dis
posed that his absence at this time
was another of his mysterious visits
to the mountains.
.Mrs. .llowen, who was responsible
for the discovery or the body, said
that she had not seen, anybody around
the hut for several days and having
an intuition that all was not right
there, Bent her little girl over to see
what she could see. The child came
tack in a few moments screaming
from fright. The hut 1 a one-story.
two-room adobe, sheltered on all sides
by small trees. The little girl. In pass
Ing around the house toward the rear,
looked In the first window she came
to.i The gagtly scene of the old "man
lying on the floor, half dressed, gave
her a terrific fright. Ie was several
minutes before she could compose her
self sufllclent to tell her mother what
she had seen. Mrs. Bowcn notified
1'. W. Teller, cashier at the Continent,
al Oil company's office, which is just
across the street from tne Tlmmls
hut. Mr. Telfer in turn telephoned
Undertaker A. borders. Mr. Borders
called up City Physician Cams 3nd
together they went out to spe the dea.l
They found the house closed, every
door bolted and every window fastt-n
ed. Entrance was Anally gained by
Ur. Carn3 breaking in one of the doors,
The smell of decomposed human flesh
nearly knocked the doctor down. The
police we-e notified and Patrolman
Knapp was sent out to take charge of
Wat It Foul Play?
So completely mortified was the
body that an examination for the pur
pose of ascertaining the cause of
death was considered out of the ques
tlon, and .whether old man Tim in Is
met death at the hatids ot persons
who sought to rob 4im will probably
never be known. However, the mur
der theory is scouted. The general
belief is that death came as a result
of a fit. That Tlmmls had retired
probably Friday night shortly after
getting water at the Phelan home and
that the fit overcame hint tn bed. Dur
ing the struggles brought on by hc
nt, he fell from the bed to the floo
on his face and there died.
The robliery theory .s supported
only by the fact that Tinimis recently
sold a piece of land lying next to the
house he occupied, which was also his,
and thatihugs might have committed
the murder believing that he nail
money secreted In his house.
Some people of the city will reniem
ber the deceased as having had a
I great deal of trouble a few ytars ago
with a young son, who was always
: running away. Mr. Timmls inserted
.several advertisements for the runa
: way Irfiy at the time. This son, now
In his teens, Is supposed to be with
finer brothers living in Kansas.
Timmit Had Plenty of Gold.
With the finding ol close to $'imi
i in cash in a pair of dirty trousers
; Tinimis had discarded on the night of
his death, the murder theory fades
I uway. Anyone murdering the old ma.i
! for money could have easily found
; this snug fortune, as the trouserr in
, which it was found lay on u stool be
side the corpse in plain view. A.
: other thing, too, which refutes the
foul play theory is the fact that the
house was" found to be in perfect or
iter. i-.veryining waa In f.s place,
Ihe money consisted of $440 in gold
$7 in I'uited States currency. H2.f(
English gold and $!.:! in silver
Among me oi.i mans etiei-ts was
found a broadcloth suit, a pair of new
i overalls that had never been worn
and many pieces of clothing in good
condition. A larije number of paint
ings, the work of Tinimis himself
were found hanging ou the walls ot
Die two small rooms of his house
Another tiling found among the old
man's possessions, which shows tin
eccentricity of the owner, was a hit
mau skull, w hich adot ued, a piomiu-
ur jNihiiion In bis Iron! room.
Body Bun d at Fa iview.
Though Ihe holy was dlsi-overe
cany thib niuuiius H was anuo.si
ihmii before tH" place could he suf
ficiently fumigated to permit a per
son entering, so strotii; was the smell
of decomposed human flesh. The re
mains were placed In a .metallic, cas
ket by Undertaker A. Borders, and
burled shortly after noon at Fairview
cemetery. The house and its con
tents were fomigated again this aT
ternoon and a corps of men in charge
or Patrolman Knapp began examin
ing the contents. The trousers with
the money in them were the first i
things picked up. The money was'
lying loose In a little canvas sack, i
It will require the whole ()r totnor-1
row to make a thoroug-.i search of1
the effort of the homo nn,l until the
Job' ts finished a policeman will re
main In charge of 'he premises.
SANTA FE COUNTY
HOLD CONVENTION, NOMINATE
COUNTY OFFICERS AND ELECT
DELEGATES TO TERRITOR
Special to The Evening Citizen.
Santa re, N. M., Sept. 27. Har
muny was thu watchword of the re-!
publican convention of Santa Fe conn-
ty held here last night at the court I
house when a lull county ticket was j
nominated and delegates chosen for
the territorial convention. i
It marked tlu. disappearance of fac-
tions that have divided the party of
the county for several years, and In-
sures success ot the various candi-,
dates at the polls this fall.
X- .ul.nl I.. I. H.n ..... . I
uiiiei i. aiij. ii wnn 11111 h I roil
convention, although, dominated by T.
Catron was nominated for legisla
tive council; R. L. Baca, for house;
1. Sparks and J. Madrli, for county
commissioners; C C. Closson, for
sheriff; C. Lope., for treasurer: M.
Ortiz, for assessor; A. Alarld, for pro- !
bate Judge; George Armljo, for pro-,
bate clerk; John Conway for siiiierln-
tendent of county schools.
KORoliitlons were adopted endorsing
I'he administration of the president
and governor. Delegate Andrews and
also liufsuni. Nothing was said about
Belen People Return from Denver.
Col. and Mrs. Wm. M. Uerger came
In on the limited tills morning on !
their return from Denver, wiirre the j
marriage of their daughter, Ella Mav. !
to Jose E. Chaves -took place at St.!
Murk's Episcopal church on the 17th
Instant. On their way home they
stopped at Colcrndo Springs two clays,
taking In, the JMke's 1'eak Centennial.
Mr. and Mrs. Chaves loft Denver on
the evening of their wedding, goliiK
tast to New a ork City, intending to
stop ovr In Chicago a few days. After
Mr. Chaves attends to some business
matters in New York they will lenve
tiie early part of October for a six
months' trip to Europe. Col. and Mrs.
Uerger will leave for thedr homo at
Belen on -the Eli.l'aso train this even
Can You Solve This Rebus?
Ali the readers of this newspaper are undoubtedly
familiar with the Interesting Kcbuses which have ap
)Mared In The Ladies' Home Journal from time to time.
We have had prepared for us a Rebus on similar lines,
and will give throe prizes or presents of value to tho
first three persons who solve Ihe Rebus correctly. Wo
are sure that Oils Contest will create Interest in every
home reached by the Albuquerque Evening Citizen.
The only condition of the contest is that no answers
must be sent in before twelve o'clock noon, October
1st, and no answers will be accepted later than
twelve o'clock noon, October 15th.
In writing your answer, write on one side of tho
paper and do not write anything excepting your uiiHwer
to tilt Rebus, your name, street and city address. Ad
dress your nnswer to the; Rebus Editor, care of
FIRST PRIZE $5.00 SILK UMBRELLA.
SECOND PRIZE $3.50 MOSQU ETAIRE GLOVES.
THIRD PRIZE $2.00 BEADED HAND BAG.
DAY AND NIGHT SCHOOL
ENTER AT ANY TIME-BEGIN NOW
We secure good positions
ALBUQUERQUE BUSINESS COLLEGE
W. r. MHHkon, Prlnclvml
ON SANTA FE
ONE MAN DEAD AND ANOTHER
DYING AS A RESULT OF ONE
REFUSING TO REMOVE HIS
, HAT WHILE AT TABLE.
Word reached the city last night of
a shooting scrape which took place
at Talben. a grading camp on the
Santa Ke cut-off, the early part of the
week, and will probably result In the
death of two men. One, who was u
timekeeper on the cut-off. Is dead,
and the other, a lalxver, is shot three
times and Is thought to be fatally
The fight was brought on over the
refusal of the labo'-er to take his hat
off at the breakfast table. Tho time
keeper, who was In charge of the
mess ten, insisted that all huts
should be removed at the table,
"We are nil itenllemen here, and
vou will have to U one. too." he said.
;" The laborer, who was a very rough
rh urneti.r anau-nreil n-itb n vnliltuo of
oaths, -I'll be If I take my hat
off for vou or anv one else."
With this the timekeeper politely
removed the laborer's hat. laying it
down on n bench neurby. Without a
word, the tramp went outside the
tent and came back with a gun, and,
leveling Ihe weapon at the timekeep
er, fired. '
The party bringing the story to the
city said that ho believed that the
first shot took effect, but without any
show of distress the timekeeper went
, to his tent and returned In a few nio-
ments with a pistol. The laborer
I took refuge behind a dump of fresh
earth, but not until ho had lieen hit
I three times hv the timekeeper. The
1 lutlnr ill,l Qfum nftr 'Ihtt uliiw.ttni?
I and yesterday morning tho laborer
. was not expected to live. ,
This Is pretty strong punishment
for not living up to table etiquette,
Dun-rnn a duo men
Wo will make for each child that
' u.,K a ri,. !no, , nr,t 1. of
! . u- A
LUTELY FREE. Bring the baby to
our studio at your first convenience.
215 West Railroad Avenue.
At once, boy. about 14 to 10 years
old, who desires to learn the printer's '
trade. Apply at this office.
' - ! .
Commercial Arithmetic Shorthand
Commercial Law Typewriting
Business English Correspondence
Added Equipment Competent Instructor!
for our graduates; address
Alhuqucrquo, Nmw Menlco
Exclusive Designs, Finest Workmanship, Durable Fin
ishes, Beautiful Woods for BED ROOMS, DINING
ROOMS, PARLORS, HALLS, LIBRARIES and DENS
AT REASONABLE PRICES.
OUR RUG DEPARTMENT la revelation to thos who
visit It, becauta of the great variety of Domestic Ruga
from the bett loom.
A LBER T FA BER
308-310 Railroad Avenue
The Beer That Makes Milwaukee Jealous
and Ice Company
Colo. Phone Blk 93
OF EVERY DESCRIPTION
213 WEST RAILROAD AVE. ' .
STEVENS & BOWYER, Proprietors
UUTTKK NUT FINK LINE OK
Better Than Home-Made. Always on Hand.
All City and Outside
The telephone makes the
dutlet lighter, the caret let,
and the worries fewer.
YOU NEED A TELEPHONE IN VOUR HOMI
THE COLORADO TELEPHONE CO.
Flaming's Grocery and Cafe
REGULAR DINNER 25 CENTS
Short Orders and Lunches Served from 6 a. m. to 12 Midnight
Irish Stew and Chili Concarne
Always Ready to Serve
Topham's Celebrated Soda Water On Ice
31 1 SOUTH FIRST STREET
La Vela dooming Mouse in
H. O'REILLY & CO.
Mail Orders Filled
.... Staab Building
Auto. Phone 292
GO,, 117 Gold Avenue I
... Don't Dltputo with m Woman, j
Especially, If ebe tells you to order '
ack of ?
EMPRESS FLOUR. ' J
Make no excuse, (It you ebouid
get the order), that you could
flint It, for every flrt-cl croet
bridles KMHRISSS. .You trill lwr
find good bread, good blaoulU, goeC
pastry and most Important of aJV
good cheer to greet you when j4
couio homo for your dinner. Try
EMPRESS FLOUR It tho EmprtM el
all othera. ' ' 1
M. BERGER, '
A Wholesale Agent. Albuquerque, N. M
Orders Promptly Attended to
uUIIIIUII - dbUUIIIY
The telephone preserves your
health, prolongt your life and
protects your home.
Connection, 113 West Ltad Avenue
Same Day Received.
ALBUQUERQUE, N. M.
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