Santa Fe new Mexican. [volume], September 02, 1908, Image 1

About Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951

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TA FE
NEW
EXICAN
VOL. 45.
SANTA FE, NEW MEXICO, WEDNESDAY SEPTEMBER 2f 1908.
NO, 172
w warn
MEETING ADJOURNS
Sessions Just Ended
Most Successful
Ever Held
WERE LARGELY ATTENDED
Ball at Palace Hotel Closing
Social Event in Honor of
Visiting Lawyers.
President A. B. McMillen of the Bar
Association, in Introducing his suc
cessor, E. C. Wade, yesterday after
noon, briefly addressed the Associa
tion, referring to its growth in mem
bership and importance and the suc
cess of the meeting this year. Especial
ly the presence of the chief justice
and of every associate justice of the
Supreme Court at every one of the
four sessions, was a gratifying fact
and spoke of the cordial relation of
the Bench and Bar In New Mexico.
"When It can be said too of the Bar
as I remarked of the Bench, that ev
ery member Is present at every meet
ing of the Association, then indeed will
It become a great power for good not
only to the profession but to the com
monwealth as well," concluded the
speaker.
President E. C. Wade, In taking the
chair, made a few informal remarks
that were well received. He told of
how twenty-five years ago, he was one
of the few lawyers who met In the Su
preme Court room to organize the
New Mexico Bar Association; that of
'those before him, he remembereed
Hon. Thomas1 B. Catron and Hon.
Frank W. Clancy; as. having been pres
ent then. He pointed to the great In
fluence that the Bar Association has
had upon legislation and affairs:
its growth and of its honorable con
duct for a quarter of a century. Both
Mr, MoMlllen and Mr. Wade were ap-
' plauded. ' '
' The new secretary, Charles C. Cat-
ron, was escorted his place by the
same committee that had accompanied
,.Mr, Wade to the rostrum, namely: W.
H. H. Llewellyn, Charles G. Ward and
Frank W. Clancy. V
The auditing committee reported
that it had found the records and ac
counts of the retiring secretary, Ken
neth K. Scott, correct.
Urges Strict Law Enforcement.
The special committee to which had
been referred a resolution in its tenor
endorsing the Women's Christian
Temperance Union work assisting in
law enforcement in this territory, re
ported a substitute which was adopt
ed without dissent and which read as
follows:
"Resolved: That the education of
especial Interest to the New Mexico
Bar because to Mr. Cobbey's hands
has been entrusted the expert work in
connection with the revision and com
pilation of the New Mexico statutes
and whcih promises to be the best edi
tion of New Mexico's statutes thus far
had. Mr. Cobbey explained in his in
troduction that the work of revising
New Mexico's statutes was seriously
hampered by the limitations upon
the powers of the revision committee
by the statute creating it and which,
prohibits it from making any radical
changes, although Mr. Cobbey says,
radical changes are just what are
needed. During the course of his ad
dress he pointed out the defects of a
number of sections of the Compiled
Laws, as a mere example of many
others. He made a graphic presenta
tion of the methods of legislation pre
valent In the states and which are to
be blamed for the defective condition
of the statute law and the necessity of
its frequent revision. In conclusion he
gave a lucid explanation of the tech
nical methods that should be follow
ed in compiling the statutes and il
lustrated his remarks with a copy of
the Annotated Statutes of Nebraska as
a model and ideal that embodies the
best and most modern methods of
compilation. It is a work of 4,000
pages, while the New Mexico Revision
Statutes will probably cover 3,000
pages.
Hon. iHarper S. Cunningham of Ok
lahoma, was the last speaker of the
day and the session, and while he
spoke without manuscript upon the
subject of the Constitution of Okla
homa, he made a noteworthy address
that pleased his hearers very much.
After graceful introductory remarks,
he spoke of some of the good points
of Oklahoma's fundamental law which
despite its glaring defects and the
fact that it is a piece of patchwork,
embodies ideas that New Mexico con
stitution builders could consider with
profit. He explained political and In
dustrial conditions that must be un
derstood before criticizing the Okla
homa constitution, and he pointed out
some of its effective provisions that
have brought the railroads and other
corporations to time.
Enjoyable Luncheon and Drive.
While the, members of the Supreme
of Court, and of the Bar, were entertain
ed at luncheon at the hospitable home
of Mr. and Mrs. James Wallace Ray
nolds on Grant avenue, yesterday
noon, the visiting ladies were the
guests of Mrs. John. R. McFIe, upon
their return from a most enjoyable tal
ly-ho ride about town and in the sur
roundings of the city, of which Mrs.
McFie, too, was the hostess. . The
drive included a visit to all the places
of interest in the Capital and a trip
to the Tesuque divide, where a fcuperb
view of the surrounding mountains
is to be had. Visits were also made to
the Indian school and the territorial
penitentiary. Sixteen ladies enjoyed
Mrs. McFie's hospitality.
Ball at Palace Hotel.
The' social features of the Associa
tion's meeting were brought to a fit
ting close last night when the mem
bers of the Santa Fe Bar were hosts
at a brilliant ball at the Palace hotel
Ramirez' Symphony Orchestra of sev
nubile sentiment in reearrt to the con- en pieces, furnished the music and
tinned enforcement of the Sunday dancing began promptly at 9 o'clock,
law; the law against the sale of liquor continuing until after midnight. The
to minors, the law prohibiting spacious dining room of the hotel nev
minore from entering and loitering er looked prettier than it did last
in saloons, and the anti-gambling and .night. The decorations consisted of
anti-cigarette laws, is worthy of the cut flowers and smilax. Festoons of
moral and active aid of this associa-1 the latter were entwined around the
;
MAJOR W. H. H. LLEWELLYN.
Special Assistant to the U. S. Attorney General Who Was One of the
Principal Speakers at the Bar Association Meeting.
II REINS
6.11
FRANCE HUTS
REPUBLICANS nr
VERMONT BY 29,000
Prouty's Elected
Governor By Safe
Plurality
RESULTS IMliER STATES
Primaries Held Yesterday in
Wisconsin, Michigan and
Nebraska.
THE DEH1EIIT
OF.
IB
Major W. H. H.
Llewellyn Gives
Historical Review
VERY INTERESTING ADDRESS
It Was a Feature of the
Speeches Delivered at Bar
Association Meeting.
PARADE G I ITS
Streets of Toledo
Packed During
Procession
A FLORAL BOMBARDMENT
Old Soldiers From Various
States March Over a Dis
tance os Two Miles.
Emperor William
Butts in On Mo
rocco Situation
tlon, and we commend the bench and
the law officers for what has heen ac
complished in these respects. We urge
the law officers to continued zeal in
support of the appropriate statutes and
the punishment of the offenders
against- them, to the end that infrac
tions of these laws", If there be, may
be chastised, and further breaches de
terred and avoided." . .
The resolution had been introduced
by A. B. Renehan, and had been cham
pioned in convincing remarks by
Judge John R. Mcle and Hon. W. H.
H. Llewellyn.
" The committee oil admissions,
through its . chairman, Charles . O.
Ward, reported favorably upon the ap
plication of Thomas K. D. Maddison of
Albuquerque, and he was elected to
membership unanimously, thus mak
ing sixteen new members added to
this session to the 122 members of
the Association.
Resolutions, heartily thanking the
speakers, officers of the Association
and the hospitable people of Santa Fe
were adopted, and this concluded the
business of the Association, which ad
journed to January of next year to
meet at Santa Fe during the sessions
of the Supreme Court and the Legis
lature, the date and place for the
August meeting being left open until
..the January sessions.
Three Fine Addresses. t 1 ;
The first address of the afternoon
; was by Colonel W. H. H. Llewellyn
and was an interesting and compre
hensive historical sketch of the De-
partment of Justice, for the data of
which to a great extent, Colonel Llew
ellyn acknowledged .himself Indebted
to former Assistant U. S. Attorney
General Milton D. Purdy of Washing
ton, D. C, but now a federal judge
in Minnesota. The address appears in
another column.
non. j. Jii. uoDney or Nebraska., a
massive pillars and hung in beautiful
garlands from the celling, presenting
a very striking effect. There were
twenty regular numbers and several
extras on the program. The visiting
lawyers and their wives were loud In
their praise of the dance, which was
one of the social events of the season.
Great credit is due Chairman R. C.
Gortner and the members of the en
tertainment committee, for the suc
cess of thee dance. During the inter
mission light refreshments were serv
ed. - W.
DECREASE IN EARNINGS
OF SMELTER TRUST
New York, Sept. 2. The American
Smelting and Refining company today
issued Its annual report for the year
ending April 30 last, which showed a
decrease in earnings compared with
the previous year of $3,846,776. Presi
dent Daniel Guggenheim in his report
said the decline In business had not
impaired the company's . surplus,
which now amounts to $13,408,219. He
also said there is a marked Improve
ment in the market value of copper
and 4ead.
Toledo, Ohio, Sept. 2. Veterans of
the Grand Army of the Republic for
the forty-second time today marched
through the streets of their enpamp
ment city. The route of tue parade
was two miles long. The procession
was reviewed by William H. Taft,
Governor Harris, Senator Joseph B.
Foraker and many other notables.
Judge Taft and Senator For
aker, meeting for the first time
since the Republican national conven
tion, created a hurricane of cheers
when they shook hands in the of
ficial reviewing stand as the parade
was passing.
When marching past the reviewing
stand about 11 o'clock the veterans
were saluted with a bombardment of
flowers for which the women of Tole
do had been preparing for some days.
They emerged from the floral shower
to be greeted by an immense human
flag, made up nearly 3,000 school chil
dren who in dresses of red, white and
blue swayed their bodies so that the
flag , seemed to sway in the breeze.
The streets were packed so closely
that it was almost impossible to move
along the sidewalks. Local newspa
pers estimated that there were 150,
000 visitors in the city.
Features of the Parade.
The Texas veterans, some forty
of. whom were in line, attracted much
attention by the seven foot spread of
steer's horns carried by Colonel D.
Wagner. The men of Custer's com
mand were easily distinguishable by
their streaming red ties. This badge
has been worn since the first encamp
ment sopn after the war ended, when
Mrs. Elizabeth Custer, wife of Gen
eral Custer, threw a long piece of
red fllannel at her husband's com
mand, which was torn up by the men
on the spot and made into red ties.
FORECLOSURE PROCEEDINGS
BEGUN AGAIN STv RAILROAD.
Pittsburg, Sept. 2. Foreclosure pro
ceedings under first mortgage against
the Pittsburg-Wabash terminal rail
way company were commenced In the
U. S. circuit court here today by the
Mercantile Trust company, of New
York.
French Press Says Interfe
rence Might Easily Pre
cipitate War.
Paris, Sept. 2, The action of Ger
many in breaking up the concert of
powers with regard to Morocco, by
notifying the signators of the Algeri
cas act that she considered the actual
situation as demanding the immedi
ate recognition of Mulai Hafld, the
usurping Sultan of Morocco, has
fallen like a bomb shell in Paris.
Great consternation is manifested
in official circles. France can see in
Germany's action only the intention
to disregard the Algericas act and
seek a special position in Morocco for
herself. The consequences from an
international and French standpoint
are expected to be deplorable.
The French press is unanimous in
considering Germany's action provo
cative and possibly productive of an
actvial crisis.
White River Junction, Vt Sept. 2.
A revised tabulation of the vote
cast for governor, with nineteen small
towns missing, gives George II. Pron-
ty, Republican, 43.013; Burke, Demo
crat. l.",318 : Bacluiw. Independence
League, 1,222: Campbell, Prohibition
ist. 801; Dunbar, Socialist, 4fi3. Pron
ty's plurality in the state is estimat
ed at 29,000 to 30,000. The decrease in
the Republican vote, compared with
four years ago, amounted to six per
cent and in the Democratic vote to
three per cent. The legislature is ov
erwhelmingly Republican. Insuring the
election of a Republican successor to
the late Senator Redfleld Proctor. His
son, Governor F. D. Proctor, will prob
ably be chosen. The election of one
Democratic member of the state sen
ate gives that party representation in
that branch of the legislature for the
first time in many years. Out of 239
members of the lower house the Dem
ocrats have about thirty and the Inde
pendence League six.
Big Surprise In Wisconsin.
Milwaukee, Wis.. Sept. 2. One of
the greatest sensations of the primary
lection yesterday was the defeat of
Congressman John J. Jenkins, of the
Eleventh district, by Irvine L. Len-
root, former speaker of the state as
sembly, and a strong La Foliette fol
lower. The returns indicate that Unit
ed States Senator Isaac Stephenson
carried the Republican primary by
from 10,000 to 15,000. Neal Brown, of
Waueau, received the Democratic no
mination. For governor the Republi
cans chose J. O. Davidson, the present
governor, and the Democrats John A.
Vylward.
. The Result In Michigan.
Detroit, Mich, Sept. 2. Dr. JC, h.
Branley, state-auditor, defeated Gov
ernor Fred M. Warner for the Re
publican nomination for governor by
about 2,500 votes In the primary elec
tion. Governor Warner carried the
tipper peninsula and the "Thumb"
section of the state, but Bradley car
ried two of the largest counties in
which are Detroit and Grand Rapids
Sheldon Renominated In Nebraska.
Lincoln, Neb., Sept. 2. Returns
of the primary election yesterday are
coming in slowly. The indications are
that A. C. Shallenberger of Alma has
been nominated for governor by the
Democrats. Mayor James G. Dahlman
of Omaha, carried Omaha and Doug
las county by 2,000 In the primary for
Democratic nomination for governor
but appears to have run second to
Shallenberger in the state. On the
Republican side Governor George F.
Sheldon was unopposed for re-nomi-nation.
NEVADA DEMOCRATS
MAKE NOMINATIONS.
Tonopah, Nev., Sept. 2. The Dem
ocratic state convention today noml-
legal author of fame, spoke on the sub-jnated Francis G. Newlands for TJ. S.
Ject of "The Classification and Codlfl- Senator, and George A. Batlett, for
cation of Statute Law,'" which was of governor.
DESTRUCTIVE FOREST
FIRE IN CALIFORNIA
Stockton, Calif., Sept. 2.A tele
phone message received here this
, morning from jMurphy, Calaveras coun
l ty, said that the forest Are which has
been raging there had gotten into the
Calaveras big tree grove and that the
"Mother of the Forest," the big , se
quoia 327 feet high and 78 feet in circumference,"-
had been burning all
night. No other trees caught Are but
grave alarm is felt. "The; Mother of
the Forest,", is a dead tree. The grove
is nearly surrounded by fire. There
,are not more than fifty men fighting
' the flames and more help Is needed.
The Big Trees hotel was saved last
night after a hard fight.
SHOCKING ACCIDENT CLAIMS
SEVEN LIVES AT MAINE RESORT,
Deer Isle, Maine, Sept. 2. The In
habitants of- this little island, with
the remaining members of the sum
mer colony, mustering every craft
available, today searched the waters
of Penobscot bay and the shores of
its many islands for the bodies of
the seven victims of yesterday's
drowning accident, due to the capsiz
ing of a sloop. The drowned are Rev,
Johnson H. Hutchinson of Billeriea,
Massachusetts; Miss Alice Pairo and
sister, Eleanor, of Washington; Miss
es Eutie and Evelyn Kallogg, of Balti
more, Mrs. Lucy Crawley, of Phila
delphia, and Miss Elizabeth G. Evans
of Mount Holyoke College. A heavy
sea which caused the accident con
tinued today, hindering the work of
rescue. ....
JUDGE E. A. MANN WILL
SUPPORT DELEGATE ANDREWS
Associate Justice Edward A. Mann,
of Alamogordo, who Is in the city at
tending the sessions of the territorial
supreme court, is fully reconciled to
the political situation and has Inform
ed an attache of the New Mexican
that he and his friends will loyally
and earnestly support Delegate W. H
Andrews and will do all in their pow
er to help elect him. Judge Mann Is an
earnest and loyal Republican and will
give his best aid, consistent with the
Important duties of his office, for
Republican cause " this fall. His
friends throughout his district, and
there are many of them, will do like
wise. ',
NEW JERSEY MAN TO"
MANAGE CAMPAIGN IN EAST.
New York, Sept. 2. Robert F.
Hudspeth, chairman of the New Jer
sey state Democratic committee, an
nounced today that he had accepted
the position of vice-chairman of the
National Democratic committee and
will be the eastern campaign mana
ger, v ' ;.' ' '.'
DENVER & RIO GRANDE
ENGINES BLOWS UP.
Salt Lake, Sept. 2. The engine
pulling train No. 5, west bound on
the Denver and Rio Grande ralroad,
blew up this morning near Thomp
sons, Utah, The engineer and fire
man were badly injured. , So far as
learned no passengers were hurt.
PROMINENT SURGEON
OF OMAHA MURDERED
Omaha, Sept. 2. Dr. Frederick T,
Rustin, one of the most famous sur
geons in the country, was shot and
killed when about to enter his home
at 3 o'clock this morning. There is no
clue to the murderer. His wife was
awakened by a pistol shot and rush
ing downstairs found Dr. Rustin sit
ting In a chair on the porch. "I have
been shot," he said, as his wife came
out of the house and then lapsed Into
unconsciousness, dying half an hour
later. , The bullet entered the abdomen.
AMERICAN GREYHOUND
' FLEET REACHES HONOLULU.
; Honolulu, Sept. 2. In a wireless
message received here last night Rear
Admiral Swinburne, commanding the
Pacific cruiser fleet, announced that
the fleet would arrive here at noon
today.
"The Department of Justice." be-
ng a historical review of this most
mportant branch of the United
States government, was the subject of
m address delivered before the New
Mexico Bar Association at its second
duy's session yesterday by Major W.
f. II. Llewellyn, a special assistant
to the U. S. attorney general. It was
a well prepared and well thought-out
treatise and the New Mexican eivnK
he address in full herewith as it is of
general interest, not only to lawyers.
but to those who like to keep posted
on the various departments of the fed-
ral government. Major Llewellyn
said:
An address upon the Department
of Justice must of a necessity be to
a great extent a recitation of the cur
rent history of that department and
also to a considerable extent, statistical.
"Prior to 1870 there was no such
thing as a Department of Justice in
our government, but the office of the
attorney general was one of the four
cabinet offices, so-called, which were
created in 17S9. From the office of at
torney general there developed a
legal department which was called
until 1870 'the attorney general's of
fice.
"The convocation of the first Con
gress of the United States at Nev
York on March 4th, 1789, was largely
devoted to the enactment of statutes
to provide the machinery for the fed
eral government as contemplated by
the constitution: The Revenue Law,
a law relating to registering and
clearing vessels and governing the
coasting trade; creating the army and
the executive departments and the
great judiciary act; the Department
of Foreign Affairswith a secretary
of foreign affairs (which designations
were by the act of September 15th of
said year changed to Department of
State and Secretary of State) was
created by the act of July 27th, 1789;
the War Department with a secre-
tary, by the act of August 7th; and
the treasury department, with a sec
retary, by an act of September 2d, of
the same year.
"The constitution provides, third
article, a3 follows: 'The judicial pow
er of the United States shall be vest
ed in one supreme court, and in such
inferior courts as the Congress may,
from time to time, ordain and estab-:
lish,' etc. A bill to carry Into ef
fect these constitutional provisions,
establishing the judicial courts of the
United States was passed by Con
gress and received the President's
approval on September 24th, 1789,
This law, known as the Judiciary act,
provided for a supreme court to con
sist of a chief justice and five asso
ciate justices; divided the United
States into thirteen districts and '
three circuits; created the circuit and
district courts and defined and pre
scribed their jurisdiction and proced
ure; provided for the appointment a'
United States district attorneys and
marshals; and finally created the of
fice of attorney general and pre
scribed his duties in the following con-' .
eluding paragraph:
Creation of Office of Attorney General
And there shall also be appointed
a meet person, learned in the law, to
act as attorney general for the Unt-'
ted States, who" shall be sworn or
affirmed to a faithful execution of his
office; whose duty It shall be to prose
cute and conduct all suits In the su--
preme court in which the United
States shall be concerned, and to
give his advice and opinion upon ques
tions of law when required by the v
President of the United States, or
when requested by the heads of any
of the departments, touching any mat
ters that may concern their depart
ments, and shall receive , such com
pensation for his services as shall by law
be provided.'
"The office of attorney general
having thus been created, a step In
the right direction was made, but: un
fortunately, the attorney general had ':
no supervision over the United States .
district attorneys - or suits affecting
the United States in the Inferior
courts; no quarters were provided for'
the attorney general, nor had he any t
clerical force at his disposal. His of
fice was the fourth cabinet office In
the order of creation, the offices" of, t
postmaster general, secretary of the
navy, secretary of the Interior, secre-
(Continued On Page Three.)