PAGE EIGHT
SANTA FE NEW MEXICAN.
SATURDAY, DECEMBER 6, 1913.
LUMBER, LATH, CEMENT,
AND MOULDING
I. J. SAWYER,
22 J San Francisco St. Phone Kb W
SANTA FE, N. M.
STORM CAUSES CREW
TO ABANDON STEAMER.
OFFICIAL.
Seattle, Wash., Dec
masted wooded schooner
i'iji to Gray's Harbor in ballast en-1
countered a violet storm off the Wali- j
ingtou coast lasl Sunday and became !
unmanageable. Captain A. Peterson j
and his crew of ten men abandoned
the schooner and rowed to Destruo-
tion island. 'Hip schooner Is stiil j
afloat near the island, her anchors j
barely holding. It is expected that
the men will be taken off today by a
Ins.
Ti e TWO DECISIONS
Alopa from j UAMICr AAIUM RV
SUPREME COURT
F. ANDREWS
Grocery,
Auto Delivery very Hoar !
iKery
Auto Delivery Every Hour
JUST RECEIVED
ANOTHuR CAR OF
Sill
mui w
ss Flour
Phone No.4 ANDREWS Phone No-4
I
i
Chinese Lily Bulbs
IS Cents a Piece
The Clarendon Garden,
PHONE 12
SANTA FE, N. M.
Always Stop at the Ancient City's Pride,
is? slMf
MODERN AND
ALWAYS UP-TO-DATE
LARGE LOBBY
AND VERANDAS
COMFORTABLE PORCH
SWINGS and ROCKERS
Service and Cuisine
the Rest in the City
Ample facilities for lave
anil small banquets.
HOTEL DE VARGAS
EUROPEAN PLAN. Meals a ia Carte.
Room With Bath, $2.00 Ijp.
Room Without Bath, $1.00 Up.
SPECIAL RATES
BY THE WEEK
WHOLESALE AND RETAIL
Flour Hay, Grain, Potatoes and Salt.
Sol Agsnts For INTERNATIONAL STOCK FOOD.
LI'a!.FA SEED. All kinds of flowers, garden & field seeds in bulk and packai
The only exclusive grain house in Santa Fe
Prone Black
4.5
LEG HERSCH
HAND-PAINTED CHINA
Showing decorations to delight the eye are now displayed at
my store. There are articles to appeal to everyoneSteins,
Smoking Sets, Tobacco Jars, Card Cases, Vases, etc. The
prices are reasonable. Please call to see the China Articles
before the best pieces have been sold.
hTcTyONTZ, JEWELER, SAN FRANCISCO STREET.
mwrnrnzumm
The supreme court has decided two
Eddy county eases, reversing and re
manding in ene case, and affirming the
lower court in the other. A detailed
report of the cases follow:
S. S. Kvants, Appellee, vs. A. I,.
Taylor, Appellant. Krcm Kddy county.
This action was brought by S. S.
Evants on two promissory notes, dat
ed October 26, 1908, executed at Here
ford, Texas, payable to order of Ev
ants and signed by V. O. and A. L.
Taylor, in the order named. Each
note recites that it is given as part
payment on certain described prop-
lerty in the town of Hereford, Texas,
ia vendor's lien being retained to se
Icure the notes. W. O. Taylor appear
ed by his guardian, ad litem J. (1. Da
vis and answered that at the time he
signed the notes he was a minor
about the age of eighteen years and
that the notes were given in consid
eration of a deed from plaintiff to him
for the real estate described in the
notes, which deed is attached to and
made a part of his answer and fur
thering answering, says: "This de
fendant specially tenders back to
plaintiff n deed to said property, ten
dering back to plaintiff all that was
received on account of signing said
notes." etc." To which answer plain
tiff replies denying all the facts so
i (notes. A. T,. Taylor by his answer ad
mitted the execution of the notes, that
he signed said notes as surely tor W.
O. Taylor and that the consideration
of the notes was the conveyance of
the property described in them. W
O. Taylor, who was at the time an in
fant: that since attaining his major
ity he "disaffirms and revokes" said
notes and "has tendered back and sur
rendered back to plaintiff in this
cattse the lots and real estate for the
payment of which the two notes were
given.
The appellee demurred to this sec
ond amended answer on the ground
that it stated no defense in law;
which demurrer was sustained and ap
pellant filed his third amended ans
wer which was striken from the flies
on motion of appellee, appellant refus
ing to plead further judgment was
entered against him as prayed in the
complaint.
Judgment of the court below revers
ed, causa remanded.
Syllabus.
1. The surety on the note of a
minor, given in payment for real es
tate Is discharged from liability there
on, where the minor on becoming of
age, disaffirms the contract and re
stores the property purchased.
2. Where an infant purchased real
estate, and upon coming of age, disaf
firms the sale, he must in order to
make the disaffirmance effectual re
store the property, if he has title to
it, to his vendor, and In such case the
duty to restore becomes ' a right to
restore, which the vendor may not de
feat by refusing to take back the
property.
3. A defective allegation in a
pleading can only be raised by a de
murrer distinctly specifying the de
fect as a ground of objection. Sub.
Sec. 35, Sec. 20S3, C. L. 1897.
j J. H. Jackson, of Artesia. N. M , At
torney for Appellee.
I J- B. Atkeson, of Arlesia, .V. M, At
torney for Appellant.,
i Kenealh. Schuster and Hudson, a
partnership composed of A. ('. Ke
neath, Neal M. Schuster and K. A.
, Hudson, appellee, vs. ,1. D. H. Reed,
i appellant, from Eddy county.
Phone Black j Action to recover the sum of $500
45 as commission for the sale of certain
1 real estate belonging to appellant.
flaintilr moved for judgment in its
favor upon the pleadings. Motion
granted and judgment, rendered as
prayed in the complaint.
Judgment of the court below af
firmed. Syllabus.
1. In an action for commission earn
ed by a broker in effecting an ex
change of property of his principal,
where the complaint pleaded a writ
ten contract of employment of the
broker by the principal to make an ex
change and a written contract of ex
change between the principal and a
customer procured by the broker; an
j answer which alleged (a) that the
! principal had not accepted the prop
erty of the customer; (b) that the
principal had not accepted the cus
tomer as a proper party with whom !
: to make an exchange other than on the
terms of the written contracts entered
into by them.; (c) that the written
contracts of exchange were intended
by the parties to be merely stipulations j
by which an exchange of property!
might be effected and not a valid, bind- I
Ing and enforceable contract of ex- j
change; (d) that the broker had not)
done all he was required to do in or-;
del' to earn his commissions; (e) that 1
the customer had failed to perform his 1
part of the contract: tendered issues
of law and not of fact.
2. Where the answer raises issues j
of law only the case is ripe for judg-,
Uient on the issues of law involved
.md a motion for judgment on the;
pleading's is properly entertained. j
3. Under an employment to sell or :
exchange the property of his principal, i
a broker has fully performed his un-1
delinking w hen he procures a custom-1
er, with whom the principal makes a i
valid contract of sale or exchange. !
i
4. In an action by a broker for com-!
mission earned by him in effecting an j
exchange of the property of his prin-1
cipai, where the complaint pleads a
valid and enforceable written con
tract between the principal and a cus
tomer procured by the broker, to ex
change property, it was not neces
sary for the complaint to allege that
the customer was "in a position and
able to convey a perfect title to the
property which he proposed to ex
change." ST In such a case the principal by
entering into a contract of exchange
C
if
with the customer produced by the
broker, accepted the customer as able,
ready and willing to make the ex
change.
6. A stipulation that "both parties
hereunto have this day deposited in
escrow with K. S. At H., this contract
and a copy of the original contract, his
demand note for $1000 as evidence of
good faith and as a forfeit in event
either party hereto fails or refuses to
comply with the terms ot the contract
as therein provided." Held to be a
penalty.
7. In an action for a broker's com
mission for effecting an exchange of
real estate where the complaint states
the making of a valid written con
tract of exchange between the princi
pal and the customer procured by the
broker, the complaint need not fur
ther state that the customer was able
ready and willing to complete the ex
change on the terms of the contract;
or that he made any effort to that end;
or the refusal of the principal to com
plete it.
8. In an action based upon a writ
ten contract which is admitted by the
answer, the ii;ention of the parties as
to what should be the effect of the
contract is to be decided by the court
upon an Inspection of the contract.
9. An allegation in the answer of
what the parties intended or did not
intend the contract should effectuate,
A Pare Cream of Tartar Powder
Dr. Wm. Sedgwick Saunders, Medical Officer of
Health of the City of London, Eng., was good
enough to say that a long and universal experience
has proved a cream of tartar powder the most effi
cient, safe and economical, making food which could
not be deleterious to the most delicate stomach.
In England the sale of baking powder
containing alum is absolutely prohibited.
WHEN BUYING BAKING POWDER, READ THE LABEL.
a water application with the state en
gineer for two second feet of flood
waters In twp. 11 south, range 10
east, for the irrigation of 100 acres.
Application Approved.
WALL STREET.
New York, Dec. 6. First prices of
the leading stocks today showed a nar
row and irregular movement, The
BRITISH IMPORTS DECREASE
AND EXPORTS INCREASE.
London, Dec. 6. The board of trade
returns for November show a decrease
of $5,570,000 in imports and an in
crease of $5,900,000 in exports.
Water application No. 782 was ap-1 Harl.iman Btocks were slightly higher
proved today by the state engineer.
This application was made by J. Ham
of Carlsbad for the flood waters of
Sitting Bull and Last Chance creeks
for 3-7 of a second foot for 1he irriga
tion of "0 acres.
McKinley County Schools.
Statistics for McKinley county for
1912-13 school year have been pre
pared by the state educational depart
ment. These show four districts in
,.0)0.. o .,!,, f I.,,.. . k ,.ij,i!the county including Gallup. Teach-
by the court.
J. B. AtkeBon of Artesia. N. M at
torney for appellant.
C. A. McCreary of Artesia,
torney for appellee.
N M at-
DUKE CITY SEEKS
, A MUNICIPAL
WATER SUPPLY
i,
THE. HARDWARE MAN SAYS: Don't give anybody the satisfac
tion of saying: "I told you so." iave Money and Disappointment, don't
send out of town for anything you may need in the Hardware Line,
the Stock of YOUR RELIABLE HARDWARE STORE is complete,
their prices right, and they ar right here "at home" to make good-
This is not a "knock," It's a "warning."
GO TO
BEACHMAN, MIGNARDOT HDW CO.
They Believve in the "Golden Rule All Ways." '
I ; The Reliable Hardware Store.
Municipal water works for Albu
querque appear among the possibili
ties, judging by the notice of inten
tion to appropriate filed today by
Mayor I). K. B. Sellers, and City Clerk
K. C. Roehl, of Albuquerque, with the
state engineer. This application asks
for all the unappropriated waters of
Tijeras canyon for storage on easi
half of section 10 of township 10 north
and range I east, for a municipal wa
ter supply.
PROGRESS MADE
BY SCHOOL OF
COUNTY IS GREAT
whom two were men and 17 women.
Two hold life certificates, two hold
five year professional, IS hold first
grade and two hold second grade cer
tificates. The payroll is $1535 month
ly, and the average monthly salary 1b
$80,711, the highest in the state. The
average per month for the men teach
ers is $117.50 and for the women
$76.47. The lowest salary paid is $65
a month and the highest $150. The
pay roll last year was $13,345 for
teachers salaries. The average yearly
salary paid to teachers is $702.37.
Four' buildings are owned and four
are rented. Seven are frame and one
is of brick. Six libraries are owned
with 287 volumes valued at $227.' The
school census last year was 1115, and
the enrollment was 785, of whom 389
were boys and 396 were girls.
Auto License Record
The years' work is about done as
far us issuing automobile licenses is
concerned, and today the office force
in the secretary of state's office com
menced sending out a blank applica
tion for the 1914 license. The records
jot the licenses issued show 1897 an-
Recent legislation for the encourage-! tomobile licenses issued:' 177 motor
ment of education in New Mexico, al-!c'cle licenses and 22 dealers licenses,
though effective for more than a This number will probably be largely
year past, is beginning to show re-'increased during the coming year, both
suits as comparative figures will show.
As showing the progress made during
the past year, figures for the school
year 1912-13 and the school year 1913
14 for Santa Fe county, give some idea
of the advances made.
County Superintendent John Con-
by the natural increase in the num
ber of automobiles owned, and the
fact that the supreme court recently
decided that au automobile license
.was not double taxation and the law
was upheld. The city of El Paso also
collects an annual auto license and
Mother's Advice
To Her Daughter
A Real Live Doll to Fondle Is Woman'
Greatest Happiness.
-v.-.. ..- - i
One of the most Important matters about
which women concern themselves is tlietr
future status as a grandmother. And she
is wisdom itself who knows of or learns
of thflt fnrmitm rempriv Mntlipr'a Fi-ii.ml
! This Is an external application for the
abdominal museles and breasts. It cer
tainly lias a wonderful Influence, allays all
fear, banishes all pain. Is a most grateful
encouragement to the young, expectant
mother, and permits her to go through the
period happy In mind, free In body and
thus destined to anlieiDate woman's err..
est happiness as nature Intended she should.
The action of Mother's Friend makes the
muscles free, pliant and responsive to ex-
i panslon. Thus all strain and tension upon
j the nerves and ligaments is avoided, and,
j In place of a period of discomfort and con
I sequent dread, it is a season of calm repose
and joyful expectation.
J There is no nausea, no morning slck
J ness, no nervous twitching, none of that
constant strain known to so many women,
I hence Mother's Friend Is really one of the
! greatest blessings that could be devised.
Tills snlpndlrl unit enrfntn rpmr.Hv pan ho
had of any druggist at $1.00 a bottle, and
is sure to prove of Inestimable value, not
only upon the mother, but Upon the health
and future of the child. Write to Hradfleld
Regulator Co.. 132 Lamar Bid.. Atlanta.
Ga.. for their book to expectant mothers.
way filed his report for the current . Thursday afternoon, the last number
year today, and it shows the school j issued in that city was 1S70 or just
situation in the county to date. If 2T less in the city of El Paso than in
any additional schools are opened or the whole state of New Mexico.
any of them run longer than at pres-1
ent contracted for the only result To Capture Quail.
will be to make the showing stll bet- j The state game department has is-
ter. . oiipri nnthnrlfv fnv the pflntiire nllve of
During 1912, in the 37 districts of 2n dozen quail from the neighborhood
the county outside of Santa Fe cily, 46 0f Rincou, for distribution in San Mi
teachers were employed. This year Lllelf Mora Colfax and Union counties,
there are now 53 teachers under con-'
tract for the present school year. Last !
vaai. iVtai. i.-na nn O '
Jtt 1111. I 17 n CIO UIIC lllfT tCILIIll.ICi O
firsts, 10 seconds, and 27 thirds. This !
while amalgamated and steel eased
off. Secondary transactions indicated
an improving tendency. Canadian
Pacific and Virginia Carolina Chemic
al gained a point. Union bag and
paper preferred advanced 2 5-8, mak
ing a gain of more than 9 points in
the last few days. .-.
Union Pacific rose a point and other
favorites New Haven became' weak,
reacting a point under yesterday's fin
al price. . ,. ,
The market closed irregular. After
an early advance and a substantial re
action prices stood almost still to the
end of today's half session. . Profes
sionals traders meditated when prices
returned to about a parity with yes
terday close.
Bear selling was based In parti on
the assumption that today's bank
statement would be an unusually un
favorable one. A variety of inactive
specialties showed marked improve
ment which passed unnoticed to the
weakest condition of the general mar
ket. Liquidation of express continued
and there was also an abrupt fall in
American Telephone.
Bonds were steady.
Nrmr.F.
There will be a meeting of the cor
poration, Montezuma Lodge No. 1, Inc.,
on Thursday evening, December 11,
1913, 7 p. m., at the lodge rooms, for
the election of a board of directors,
and for the transaction of such other
business as may regularly come be
fore It. All members of Montezuma
Lodge No. 1 are urged to be present.
CHARLES R. LIN'NEY,
Secretary.
HATS
A Fine Chris'mas Gift!
BEAUTIFUL SCARF VEILS,
NOVELTV RIBBON PIECES,
Handsome Plumes, p'"'nc
New Mexican Want
bring results. Try it.
Ads. always
or
Fancy
Ostrich, which will make an ele
gant gift ; also many other arti
cles I carry will make Xmas gifts
MISS A. MUGLER
SOUTHEAST CORNER PLAZA.
JHRiSTMAS
Suggestions i
OCEANS OF THEM ON SALE AT
McClintock & Wright
$6700 For School Fund.
Speaking of finding money, the cur
rent school fund was enriched this
week by the sum of $0711.05 which
was just like finding it. This Bum re
presents the states portion of the re
ceipts by the U. S. from the date of
year there are 14 firsts, 8 seconds and
31 thirds. There was not a permit
isued in either year for a teacher to
teach without a certificate.
Last year the monthlv navroll to
taled $2067.06. This year the monthly I the passage of the enabling act, June
salaries total $2780. an increase of
$713.66 for each month. In 1912 the
average teachers' salary was $42.34,
and now it is $32.45, an increase of
$10.11 a month in the average nalary
paid. There Is not a teachers' salary
of less than $50 in the county now, nor
a school that will run less than five
months.
Last year a total of 277 school
months were taught in the county,
and the average term was 6.04 months.
This year 326 months will be taught or
an average school term of 6.15 months.
In 1912 the sum of $12,791. was ex
pended in salaries. In the present
year the total will run to at least
$17,094.68. and probably more. The
average yearly pay of teachers last
jear hh fZiS.ui. inis year it y
IJti.iib. l-ast year four schools held
for 8 months, and five for nine months,
with all the rest for shorter terms.
This year seven will hold for eight
months and nine will hold for nine
months.
Water Application.
W. E. Carr. of Tularosa, today filed
20th. 1910, to the actual commence-1
ment of statehood, and was sent to !
the governor in the shape of a perfect- j
ly good warrant drawn on the treasury
of these United States. Since state
hood came Into being the money has
been paid yearly every fall, but this
money was provided for in the enab
ling act, and so became effective as
soon as that act passed.
New Mexican Want Ads. always
iring results. Try it.
Coffee
Become a lover of good
coffee and you create a
daily source of healthful
pleasure.
(rood coffee, good cheer,
good digestion they go
together.
Schilling's Best in aroma
tight cans, always fresh, frag
rant and fine moneyback.
I
I T i.
Suit Cases,
Traveling Sets,
Traveling Bags,
Military Brush Sets,
Neckwear Sets,
Hosiery Sets,
Initial Handkerchiefs,
Suspenders,
Garters, Arm Bands,
Bath Robes,
Mackairaws, -.. n
Serge Suits,
Overcoats,
Raincoats,
Overshoes,
(Imbrellas,
Xmas Boxes,
Collar Bags,
Cuff Links,
Scarf Pins,
Imported Neckties,
Two-tone Silk Hose,
Silk Underwear,
Silk Scarfs,
Silk Pajamas,
Auto Gauntlets,
Dents' Gloves,
Shoes,
Knox & Stetson Hats,
Jersey Sweaters,
Sweater Coats,
White Dress Vests,
Ed. Y. Price Clothes,
Store Open Every Night
MCCLINTOCK & WRIGHT
HEADQUARTERS FOR HOLIDAY GIFTS