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THE ALBUQUERQUE MORNING JOURNAL, FRIDAY, SEPTEMBER I.IOII.
GOVERNOR PLEDGES .CD STATES GET TOGETHER FOR AUTO HIGHWAY AriA'iiii Association Asks Co Operation of New Mexico in Wot k of Completing Trans continental Road. rtldl Or""" I'"'"1" rli Juanl 1'rtMt'lt. Alii!.. Aug. 2 it. New MrxUo uml Arizona arc fast getting into double harness' to give the new sifter !-tat'S the finest automobile Konic liia It way on earth. In Hue with tin' iictititi of tin- Chamber of Com ifura lust week in suggesting thut the cil mis of Presoott write to Governor Mills of NVw Mexico asking bis. co operation in the construction of a highway in hi territory to connect villi the proposed route through the northern Arizona counties to Prescott, lli Journal-Miner sent the following jell-explanatory letter tti the governor iose reply follows: j "AURUXt IS. 1911. flail. W. J. Mills. Governor of New Mexico, Santa Fe, N. M. p'SIr: We have been Informed that one of your territorial highway Is now ciMiiiilitt'tl to a point wear the city of (tillui. H Is believed that the ex tension of this road westward through northern part of Arizona, will re unit In untold benefit to both Arizona and New Mexico. ' - "Through a publicity campaign. In itiated through our columns, by the Arizona Good Koads association, the rrcscutt Aut Club und the Cham ber of Commerce, the .County Boards of Supervisors of Yuvtipnl. Coconino, Mohave aud Apache counties have pledged themselves to have a prac ticable auto rouil finished to connect from the New Mexican Ijje eastward tu KlitRstaff and from Fl&statf south ward to the Maricopa cty bound ary, by November 1st. "A. I.. Westward, secretary of the Inuring committee of the American Automobile association, will arrive at a point near Gallup, on his way to the Pacific ocean from New York city, November 1 1 Hi. our desire is to luivo the Westgard party trawl due east from Gallup, taking in the Painted Desert. Petrified Forest, Slo'ini villages, Grand Canyon of the Colorado and Flagstaff, instead of de lourhiK via McCarthy. While Moun Utns, IUim.hiw It and i'liorni. , . . "The proposed rc-rniUllIK Will take lii parly southward tliroimli Yava pai county by ntiloinobilc Instead of laving no their cars at 1'hoenlx ami making the Journey llirniigh I'rcscott and this nisht. "Our purpose in writing; clip our best assurance northward county by you is t" thai the pMpcs of the inly boards named will he faithfully carried out.. Nat iirul'roads In this section of llicooun tj have proved mi unqualified suc iws us to maintenance at all times if the year at minimum cost. Kngl nofrs who have looked over the route liave po advised Us. "Our supervisors have funds ovail uhle ut this writing for the carrying out of this work: besides, wo have insurances that the Forest Kcserve fund, or a part thereof can be count ed un to render .the?' ronds more mhstiiutlul and permanent. "floiiom lU T. ti. Norris, president r the Arizona Good Uoads cssoc'.a lluii tells us that he hopes to have the pleasure of laying tills project be-loi-e j on In extenso. A hint from yu by iimnedliite returiv s to your altitude toward this project will en ablo, ns to nice it such publicity as ill Hart th0 work In every county Oiinii'd. "Thanking you In anticipation of your reply, which wo respectfully trust win in- favorable, we arc. Kir. "Very respectfully. ARIZONA JolitNAL-AHNKIL T.y Kditor." Hoveumr's lieply: "Executive Of o'o, Santa Fe, N. M. August 21, Hill. "I'ear Sir: I am . receipt of your favnr of August 19th In regard to -the construction of a road from Albu querque to the Arizona line near (Jul-,UP- Jnr legislature has authorized tlif construction of n road from Hil ton In Colfax county, to 131 I'aso, Tex., lining through I.ns Vegas. Han In Ft'. Albuquerque, etc, A considerable amount of work !ii:' been dune upon "tin ru.nl. although it Is not yet coni I'lftod. liar road commission Is au thorize,! to work on such roads its dicin t,,r 'the I iff I Interest of the hrltury. and It may he possible for cum mission lo undcrluk'' the Milling of a road on the lilies indi 'at"d by you In your letter. It is re Ported that oil has bren struck In thfl v,,'hiit.v of Gallup, and If such Is a fi,'t it makes the building of this road n'wp feasible. Just what the chnract-J-1 "t the country Is through which "'Toad will ,,,,5,,, j nm 110( ut present ah'l."H. hut we will in due 'cuurw ''lv' an engineer Ko over Iho jtrouml wi,u a view t., asi-ertalnliiK If It Is l'oss,,. ,,r UHi vvhj,(,, uny veusonable "m'lN lo ,il, a foad us siiKaeslod by I have heard Ironi Mr. Norris ,n r.K:M ti, in onesth.n. "Assuring you that New Mexico is RnNiiiy , ,1, .rested In Kood roads nnd W we win , j ,. uwer lo ""Sst In any project in which our sis "r HHIc may l. iiiletestcd, believe me tver, "Very truly yours "WILLIAM J. MILLS. Millies. Ksq., Arizona Juurmil Picscott. Ariz.' "J- W. Mia,. - Honey und Tar Compound retain: n,m... i. . . high place as the brs tola'J ,',-n"''ly for all cough,, and Ir, 'll'"'r f"r children or grown ,,r"vents seriouH results from l"y ii T"k'' "n,y thl' K'-imlne Fo 'i,.L nn'' T:,r Compound, and " ,"!l!M"..J..U...,,-UI,.ity. OD ROADS AID TO ARIZONA LANE AND PROUTY HEAR TESTIMONY HERE SEPT. 12 Interstate Commeice Commis sioners to Make Thorough In vestigation of Railroad Rates in Southwest This Fall. IRpwUI OrrwiKindtBct t Mnioliul Jiwrul , Washington, li. i' Aus. 31. Two members of toe interstate commerce : commission will spend considerable' time In the southwest during; the next few weeks investiuatiiij. various rates and taking testimony In complaints, which have been filed bciore the commission. Commissioners l.nne and Trouty will do the investit;atin and the first hearing will be held at Al- uu'iuc riic, September 12. before ' Charles A. l'routy. where testimony will be taken in two cases. One of, these Is the complaint of the National j Mohair Growers association niiilinst ! about K.0 roads In the I'nitcd States, and the other is the complaint of the Koswell Commercial club uitainst nl leed unfair rates (ast on wool hid.s and pelts. From AlbiKpi. riiie. Mr. Piouty noes to Denver, thence to Salt Uike, Port land and Seattle, returning on October 2 to I'hoenix, Ariz., where he will complete the taking of tstimony In these two complaints, t'l course the floswrll Commercial club's complaint doe (jot apply to the other cities vis ited, but It so happens that the Ore gon railroad commission, commercial j many special features have been add bodies in I'tah, Colorado and Wash-!(d to the regular program. These in ItiRton, and the Maricopa county com- elude an auto race from Kl l'aso on mcrelal club of Phoenix have all filed complaints against the same rates, that is those relating to Wool, hides and pells, from points of origin to eastern destinations, nnd testimony will bo taken at tncli of the places on both cases. At l,os Angeles on Scplnribrr Ui, Cotiiliiisslotier I.urie will take testi- j niony in the case of the Maricopa, j County Commercial club, against each of the following separately; the Maricopa Ik I'hoenix, the Santa Fe. I'rcscott an, I'hoenix, t.le I'hoenix & Eastern and the Southern l'aclflc. All Mule in one way or another to rates into court and out of I'liocnlx. At Los Angeles at the same time, Mr, Lane will also do a. little investigating j into the proposed Increase in rates on I brun, barley and w heat announced by I the Santa Fe, the Southern I'acilli: and other western reads. K"cent!: new tariffs were hsucd showing ud- ! valu es in these 'commodity rates, and i th,. commission ordered the rate nun- I ponded until an investigation could be j held to determine whether such ' an j increase should become effective or not. K, It. W elch of Kl Pa.su a mattress ' manufacturer has liled complaint ' with the interstate, commerce, com mission against the Santa l'e, alleg ing that the road's rates on mattress- ; es from Kl Paso to pcillts ill New Mexico are unfair, unjust, ami execs-, she. The complaint alleges that ttic rate on mattresses from Kl Paso to: La.s Vegas Is $1.77. Kl l'wso to Santa, Fe, $1.55: HI Pnso to Albooueiguf. j $l.fi7. The rat,, on mattresses from! Denver to either of the' three points ' named although a greater distance' than from Kl Paso Is only Mi cents a hundred. Complaint avers that a just ; nd fair rate to the three places from I K! Paso would be C4 cents to Las , Vegas, TiO cents to Santa I'e and 12 cents to Aibuniieriiue. The conimis- . sion Is asked to order the Santa Fe to put the rates last named into effect, i The lieuung Lumber company has complained to the Uilcrslale commerce- commission that the act of the Southern Pacific, and other Texas roads, on March !'th. of raising tie lumber rate from east Texas t.i Deal ing fry in 2 to 3 I cents was a viola tion of the laws to regulate commerce that It is (Xcesslve and gives th" Kl Paso lumber dealers : great advant age over the Doming Inmli. r men. The restoration of th,. o',j rate is ask", I for, after which complainant sa.es lit tf overcharges under the new rale w ill be iiled. TRAIN' OF ' APPLES Remarkable Record of "El Manzanal" Fruit Farm in the Fertile Valley of the Me silla, Hprelsl Corrpontenc In Morning Julimil) Las Cruces, N. M., Aug. 30. A train load of commercial upplea from thirty-five acres, la the rccor,) of n Me- Mlln valley orchard. "Kl MniiMnal," ii'aiikI by J. G. Stewart, has the heav iest crop of high grade apples ever known In this volley, with the possi ble exception of the same orchard In I tins. The Slevvait place is a model Irri gated farm. While the apples are by far Hie largest crop, alfalfa, beans, aspa ra :us and otlmr crops lire grown. The orchard proper constats of thirty llv,. acres of commercial apple trees Mr. Stewart bought this ranch In the spring of limK and gathered I6.nn0 bushels of marketable apples the tlrst year. The season of Dill will prob-1 ably e,iinl that of J'JUS. , Car shipments will beuin In the lilt-, t.-r part of September. One Houston , firm has applied for twenty car loads, i The Mesilla Valley Produce Kxchange I may market the entire crop. The Mm.; sllla valley apples are excellent keep ers: some of Inst year's crop vvnt kept FROM I ACRE um l late t. si riuu- Th' t!if K rowers .', ut i.i tune to n el; put the U M i1:.,, ,;v "lie ,.)! ,,. i.ox .,,,,t, arri-.t iti.l i".. .tiuis .. r.- mi fie m.m. Ail e.pi!t u.jiu ls j.uttii,- tiice t..x. - ,.i th,. rale of lour to six 1 1 1 1 ii . : i , I r v , as n, " I .,. !,, v ,,, v..,.V; a larK numU-r ..t k, rs v ill t c 'cm,i--cl Jiid Hi- r..p K..th. red as rapidly a l..s.-ll.le. Pile apple ir.es are mmoi.ii year old and in .vcll.ui condition. A fctr-e uuantitx ol liiiular Is bcllo; used to support the llinhs. Sill IN PRIZES AT F Products Exposition at Las d uces Will Be By Far Largest and Most Successful Ever Held. ' lPH! CorrwiH,niit ui Murmlc rf'iarIJ l-:'-s t'nues. N. M., Au. :!0. The officials of th,. Mesilla Valley Fair association are well pleased w ith the I"'0"!" 1 ls r"' ;' I nfer and better fair thu? lall than has ev.r been held In l.iis fru.es. The fact that New Mexico is now a state, ami that this season Is th,. most prospermia ever enjoyed by the residents of this valley, leads toe officials to believ that the fair will be a howling success. They have about J 1.000 In prizes of fered so far. There are various prizes oflered for the best exhibits 0f vege table fruits, cereals, etc. These prises are restricted to the actual producers of the product and not to men who buy fur exhibits. la order that the three days will not lag In interest "Kl Paso Dav." a big free barbecue; cowboy camp and roping; a public marriage; a baby show, and many otlnv interesting features. The fait will be held September 2. j and .'10. while, definite arrange I ments have not been completed which the Santa Fe, It Is expected that a rate i of one and one-third will be given. If enough Kl Phso and lower valley peo ple signify their willingness to attend on Kl Paso Day, n special train will run between Kl Paso and La.s Cruces. JUSTICES OF THE E PRECINCT Supreme Com t Fixes i Under Enabling Act; Lower 1 Couit Reversed in Commis sion Fornl Case Fiom Ros : well, llnlnl I)lplrn In th Mnnmut Jmin.nll ; Santa Fe. N. AL, Aug. :i Two liu I poitant opinions handed down by the jsiipteme court today were as fol ' lews: j The Justice T the, IVacc Case. ' No. H1H. The Territory of New I .Mexico, is rcl. A. J. WVltcr. relator, j ; appellant, vs. Al. V, Witt, respondent. appellee., the Judgment of the lower ! court is affirmed. The opinion Is writ ten by Judge W'rlgh' and :s concurred ' In by Chief Just-. Pop,. Judges Ale-; , Fie .Parker, Aleelcni and Huberts, j I and Judge A but I concurs in the re i j suit. This Is it proceeding by inl'nr- I iiiutiun In the nature of tpio warranto lo try the title of appellee to the of- I II, e of Justice of the pca"e in precinct I No, 1, Chaves county, New .Mexico, j I The Judgment of the lower court wa.ij (Pro forma, il appears that the iipn-1-lunt A. J. Welter was the oulv elect : id, qualified and commissioned and acting justice of the peace at and prior lo Iho passage of the act of congress. June, 20, l!U0, known us the enabling act. The appellee clalinn and now holds the said office as a re sult of an election held in January. 1011. The title of the appellee to the j office depends upon the validity of the election held In January, l'.UL The contention of tlm appellant Is that 1 fhu net of congress to edible. w .Mexico and Arisona to form i state i government continues In office until tlio admission of the commonv e'llth Into the union as a Htate, all tctrito- rial and count y oflfcers and that a Justice of tho peace Is a county offi- : cer within the tonus of section S. Judgo Wright nays counsel for (lie up. I pelluiit contend that a Justice if tin; poacc Is a county officer ami he .id Js "vvlih this contention we iann.it agree.'1 In concluding his opinion of which there is no syllabus, Judge Wright says: "It iiecesMarlly follows tlierelore. that Justices of the peace In this ter ritory must bp, considered as precinct j and not county officers within the terms of suction i of the act of June I'O. 1010.'' Mock a 1,1 iv, (Hy Council. No. m;m. Tho Territory of New .Mexico ex rel, J. w, stin kard, appi i Ine, vs. the mayor ami city, :i j cil from tho district court of ('naves county. Th,. judgment of the ,'istnot court Is reversed and Iho rim.,- re manded. The pinion is written by Judgo Abbott ami is concurred in by Judges Parker. AicKie and Kob !',:, Judges ,M"cliein ami Wright dins lit. Chief Justice Pope being disqualified, did not participate. Tile ease was as follows: The ie spondenls, here the appcllanlr. wi re, on .May 2, 1011, and still fire the mayor ami city council of P.oswoll, and constituted the governing riody of that city, under lb., hi u'S of New Mexico. At u regular meeting of raid body h. Id .May 2, lull, x pet'll ,c ISILLft C The 1WW STATE CUR TISS :: A VIA TION :: $1,000 "BULL" DURHAM STAKE RACE For 2: 1 2 Pacers, to be raced on "Bull" Durham Day, Friday, October 1 3. This stake was given by Blackwell's Durham Tobacco Company Baseball Every Day Feature Upon Feature; Fun by the Ton Wssssss . -.-U . INSTRUCTIVE DEPARTMENTS SPECIAL ISAAC BARTH, President. for an election on the ouiniiiissini'. form of government under i'h:i;,'.--ST. Act of 1 'I I'll, of Iho Assembly nT New Alexito. piirpoi'llng to luar the signatures of Oil r'siilentM ami eb'C ors of the city ol IbU'tw'll was pre sent,!, I i'.nd was Imniediatcty rel'eri'eif to a committee of three llll'lubc'', o the coiiiicil, with instructions la ir-vc-tigale and report ui the hiii rieleic. y of tile peiition. At the ticvt regular ineeting of the niavur und council, held .lulu il, ;il. ihe comiiiittce re ported that "after disregarding as signers the names ol such persons as have petitioned for have to withdraw, and imtiicM of persons not ele, tors, residents of the city of Koswell, we find that said petition for election' does not contain names of Ihe requisite number of electors.resl deiits of the city of Itoswell, as requir ed by law, and It is therefore iusulfi- ciont to warrant the calling of an el lion pursuant therein, and so accord ingly recommend Ihe same be de nied. t The committee), report was accept ej and approved, and the petition In effect denied, on June 1.1, a petition for mtindaniiis was liled In the district court of Chaves comity to require the mayor und council to cull un election ns prayed for in the petition or show cause why they had liol done so and an alternative writ of mandamus was Issued accordingly lo Wbicli tin; re spondent duly made return. The relator thereupon moved for a lietenijitorv writ of miiiiduinim on giounilji set out in the motion. Thin niolion wyi) by agreement heard by Hie judge of th,.. HIMl district ami by linn signed pro fornri and a peremp lory writ avvanlci lioin which action the respondents appealed to this court. The nylluhiirt sat s: The reTalnr, ami upwards 'of live hundred others, ,.i , tors inn r-si.lcttl.-: of tl 1y ot I;., ' II, siejii d alld presented to the ma '.or and city i imp el I of suiij city, a p 1 it ion lor an el, -Hon to determine holder husin I! would I'Nlabllsli the i oumiission .,: t of government, so , ailed, uinler th" prov isltiiiH of ehapld H7, acta of :ni!i, of the u.iscinhlv of N'ew Mexico. The petition v:is n ferri'd to a commliiee of member of the council. rnd"i the circumstances ! filed in the state, inent of the ease, which follows, held; (hat the willed an ah' from the petitlo,. there (te.4, tlbed wire , if, dual and that the pi.i'eniplt'i'i "I'll which vvri.- 1TI III li JTl mm RICO PAIR RATES ON grantcil ln forma should have I.e. n refused." The supi'iinc couit met at In o'clock litis morning cud aller hamling devvn several opinions, inijoiii'iied until 3 p. in. loiuoirow when iiiljoiirmucnt will ho tihcn until altoul the middle ol November. Several opinions will be handed down tomorrow, i l aw Houston I oiniiiiilce. Considering th" commuidciitioii from the supremo court of the I lilted Slates, of date, Jane 0th, 101 i, it Is ordered by tho court that Hon. I'. W. Clancy, lion. T. I!. Catron, lion. Nelll II. Field, members of the bar of till:; court, be appointed a committee, pur suant to the suggestion ol the su preme court ol the I'nil, d States, to prepare and i uggest sued changes in pleading and practice In iipiily In the courts of the Culled States, as kiicIi committ'M may deem il wise tu adopt.' I jons i. Illsiree. . The follow ing opinion was also I handed down by the supreme conn! today: In the ci.sc No. I .'.03 f J. Ii. Lyons, : appellant, vs. Thomas Howard nndj Louis J. I list ree, a e,r-part uefshlp do-1 ing business under the firm name of: Howard & Ulstne. appellees. Appeal Ironi the distiit t court of Curry coini-j ly. Judgment of Hie lower court is; Alflrmcd. 'I'ho opinion Is written by I Judge Wright and Is concurred in by1 all tho JiidgcH except Chief Just ice' Pope who tried the case and 111, re fore ,, not participate. There is no' syllabus. Tdc appellees, plaliillflN iu the court below, tiled their bill ol complaint to foreclose a sun-ront rui'. , tors Hen iiguinM Hie properly of up-'; pelapl, (mo :. L. K'llchel, the urigiii al ei.Mtraeloi wits also a parly defend- ; ant, but did not appeal. I l .-ti.tn i,t L.voiix demurred to tin- complaint but Iho ili minor was ovrrulod to which appellant ,A , plcl.' I, ati r Ihe appcl-, h e answered b ,,. I -I I ill Ili, , ond ihe cause cam on lor louring. A deere, vv i.i t lib i t d In f,,v or of ' a pp. lie, s. Tic appellant I 'u-i ei, pun tile,! a Icotioll Wllii lie ,h HOUI I II.' I e.-t ' a motion lore. a trial, pravlng thai' the dot l..ii li and .lutlgnieiit of I Ic I court be up-olid ami sd aside. This: motion was oveirnied to wldch action of the court appellant except 'd. Nn the of appeal wen then given ami ,ip ! peal gl'lllled. ! In his opinion Judge Wriglil staicH, that "having .'looted to folow t he i lJtBnmi.'T W.' MWUt ruidliltiCsl ALBUQUERQUE OCT. 9-10-11-12-13-14 xciting ALL RAILROADS JOHN B. McMANUS, rule of liberal const ruction of median Ic'ft lion laws, we are coii.it ra Ineil t, In Id the viTillonlloii In this epic miII'i eioiit. Any oilier , onslruclion vvonlil lend to def, a; the v ci'j spirit of the law ii 1 1 . 1 merely add (n the already too numerous subtleties ol the law." linvcrimr Willian, .1. Alllhi who has gt lie lo Lnhewood, Kddy county, to at. (end the inoeHni: of the I'. .. Vallej aK'-ociaHim. Is evpected homo Hull da. y. Toitiiii. e Vlei ts ,i...h, The territorial li.ivelliig iiudllor, John Joioiis. tins reel iveil Hie lax rolls for 1011 of Torrance county, which show a net loss of 1 111,111 a part of w hich Is duo to llm big fires In that I county In the past year, and also due j to the fact thai the r, turns In 1310 1 Wecr sai, lo he Incomplete, The tns I roll for 1010 showed $ 1 ,22ft, 3 I S tax-j able properly and 1011, ? 1 ,02.070. llTero was a decrease of $N;,!UI7 on I grazing lands; of $20, OKI on city and! town lots, o Kth.H'O on ralroiuls; of $11, Slllt oi' horses and .',,) 7 5 on mules; Ji'i.l'iHO on merchandise ami fi2,l2h on shares of haul; stock. I There is an in, reuse of SlM,3ill ot, agricultural lands, speaking well tori Iho use made "I the heavy rains this' Montezuma Trust Company ALBUQUERQUE, MEW MEXICO Capital and Surplus, $100,000. INTEREST ALLOWED ON SAVINGS DEPOSITS CONSOLIDATED LIQUOR COMPANY C'oKXl'.lvl I'lkST .WDCOPJMCU lil'J'.KYTIIt.W; IX ()7t ..V'.'-n'A''V; '('A.' I ii.i.i:srR.iri:n c.rr.ii.oc. I l'li-xif '. o. STOP LIMPING & Ly using illianm' !' .1 Coll. foil. Prnc The Williams m i i: ikont, TRY A MORNING JOURNAL WANT AD-THEY GET RESULTS MEET Glenn H. Curtiss Director. "Birdmen" of Interna tional repute will thrill the crowds for therce days Oct.11,12and13 Horse Races Sec'y-Mgr. vear bind $C.!l. r.2 on s i me. for iinprovemcnlK New Compiiuy Incorporated. Articles of Incorp. ration were filed In the territorial secrelar.vs. olfice by tho Pioneer llcnny Itanch,. and Live. Slock Industrial company which Is In corporated nl .?2m),imio and which be gins business with $2. Olio. Thif shuns are ?l each. The stockholders are li. W .Weaver, HUH: K. S, Alilfol'd, 400, (I. F. Walker, ton shares, all of Liem log. The statutory agent Is K. H. Alil fol'd and Iteming is the pho u of busi ni s. Ti-iichers t i-i llfliiitcl. Tlio depiii'tuieut of kI hi a I Inn has Issued certificates to the following Torranco county teachers; First grind o. !. Williams. Second giado K. U'lin Itin kner, (lladvH Corbell, Alary Hrury, Oncla lliiys, Jovce lilley, Alollle Itovve, Klsio Windsor. Third grade Florence Cannon'.1. Mrs. Virginia Headed. Julia Hill, Kthel Aleader, . lorone,, Al. Owen, Jlargarlt.! i Mel o, J. I. Ilawson. lor the Treasury. Territorial Treasurer M. A. Otero has received the sn m of $110 from Charles li. M ill. r, territorial engineer, for stream gaining fund. AIImk jtK i nc. . M. t LOOK PLEASANT W e gum aiili c it to do Ipe vol li. 2.-.C at Drug Companj ti: w. i:iiti..