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AN AUTHORITY ON MINES AND MINING. THE BEST WEEKLY NEWSPAPER IN ARIZONA. Second Series, Vol. XVIII, No. 12 NOGALES. ARIZONA, SATURDAY, FEBRUARY 10. 1912. Whole No. 976 DISTRICT COURT. Special Term Hearlngthe Contest Case Involving the Office of County Treasurer. Pursuant to call there convened in the Court House at Nogales on Thursday of this week a special term of the District Court, Judge Fletcher M. Doan, presiding, to hear the contest case between II. K. Chenoweth and 11. 11. Earhart, involving the treasurership of Santa Cruz County. The Plaintiff and Contestant II. K. Chenoweth, was represented by Counsel H. L. Kingan Esq., of ruc tion; and the Counsel for Defendant and Contestee, II. R. Earhirt, were Frank J. Duffy and W. A. O'Con nor Esqs. By way of opening Judge O'Con nor for contestee urped the demur rer that the case had been brought 'prematurely, citing Paragraph 2415 of the Civil Code. Hevised Statute, holding that as yet no one had been declared elected to the office of county treasurer. Mr. Kingan then asked and was granted leave to amend the state ment of Contestant before the Court should rule on the demurrer. A large part of the forenoon was 1 passed in argument on the demur J rer of defendant, several atnend ments being granted to the Com 1 plaint and Statement of Plaintiff and Contestant. When those amendment? had been made the Demurrer was urged further and overruled by the Court. Then there was taken up the demurrer of plaintiff to the cross complaint of defendant wherein there is assailed the regularity of the election in Tubac precinct. The irregularity charged was that the polls at Tubac were not opene until after nine o'clock a. m. on election day, when the law pro vides that they should be opened between the hours of six and eight o'clock in the morning. The De murrer of the Plaintiff and Con testant was sustained. The foregoing occupied the atten tion of the Court all the forenoon practically. Then the question was raised that the certification of the canvass Was not completed until the 29th of January, and that the case was entered the 26th. That question was pending when the noon recess wa3 declared. In the afternoon Secretary Young was communicated with by telephone, and the determination was made that the canvassing board had certified up the results to the governor on the 29th, and that the institution of the case on the 26th was premature, f In the course of Thursday after J noon very little was done in the case. Most of the time was con sumed outside of the court room in j trying to reconcile the statutes of the te- 'ory with regard to con i tested ctions and the enabling act ancrordinanco No. 2, of the constitutional convention. It was determined finally that the forty lays given by the statutes after return day of an election in which to institute a contest had been whittled down to but thirteen days from January 20th until today. As Mr. Chenoweth had instituted his contest on January 26th he was three days too soon. So there remained nothing to do but dismiss the case and institute a new one, which was done yesterday morning. Under the procedure Judge Doan set Tuesday, February 20th, to hold a special term of court to hear; the case. At which time there will be heard also the contest of Dum bauld vs. Mix over the clerkship of the superior court, which was in stituted Thursday. Operating Underthe Sandoval Conces sion on the West Coast of Mexico Installing a Canning Factory at Magdalena Bay. INTERNATIONAL FISHERIES COMPANY, i Mix, who was elected by but one majority. In his statement and complaint Mr. Dumbauld alleges malconduct on the part of the election board at Nogales, in the election on the twelfth of December, and fraudulent votes cast at Tubac. Government Lands. Since dry farming has been proved successful, many settlers have taken up homesteads all over the Southwest. County Surveyor II. Gordon Glore, who is well informed on lands in Southern Arizona; states that within one year all the fertile valleys in Santa Cruz County will be homestead, improved and culti vated. Government lands that will produce a crop worth 120 to 150 j per acre without irrigation on the first year plowing is well worth while homesteading. A man who has never used his homestead right, has a little capital, some intelligence and determina tion in quantity can today take up a 160 acre homl'stcad, make a good living, own a home and watch the value of his land rapidly increas ing. Here we wonder why people live in a disagreeable climate, in a congested community, paying exor bitant prices for the necessities of life when Southern Arizona wel comes them to its hospitable climate and to its broad and fertile valleys, where any man with strength and will can raise and grow that which adorns the average table. To the industrious wise it is sufficient to say that there will never l9 another land crop in Santa Cruz County. From "Ye Old Pueblo" Wednesday Nogales was visited by Mr. and Mrs. Louis Iaeger of the Montezuma Hotel, and Santa Ilita Hotel at Tucson. They came in an automobile and were accom panied by a couple of Eastern ladies, Mrs. R. S. Davis and Miss Raymond. The party remained at the line city but three hours, when they returned to Tucson. While here Mr. and Mrs. Iaeger were in consultation with regard to the projected addition to the Monte zuma Hotel, construction of which will be supervised by Mr. Omstead, work to begin on or about the 15th inst. The furniture for the addi tional rooms has been ordered and is now en route. On the ground floor of the new structure there is to be a fine store, a tenant for which has engaged the premises already, and will occupy as soon as completed. Tuesday the board of supervisors of Santa Cruz county was in ses sion, the report of the experts em ployed to check up the books was presented and the exports, Messrs. John Faulds and Con Cronin, were excused from further service. Tin: Oasis learns upon the best authority that the International Fisheries Company, the president of which, Mr. Aurelio Sandoval of Los Angeles, resided in Nogales, Sonora, many years, has estab lished at Magdalena Bay, in Baj California, a canning factory, for canning for market, lobsters, crabs, shrimps, and sea turtle, for all oi which there is a wide market, and the waters in the vicinity named will supply an abundance of the raw material. Mr. Sandoval, who secured fro-n the Mexican govern ment the concession is on the ground at Magdalena Hay, superin tending the work of installation. He expects to complete the work today and start on his return to his home in Los Angeles. Considerable difficulty has been experienced in getting satisfactory workmen to go to the scene of operations and undertake the vork. Men of several different national ities have been tried, but all have failed until now. This time Mr. Sandoval has contracted with a company of Japanese capitalists to supply the labor and furnish superintendence. Under the concession the Inter national Fisheries Company, who took it over from Mr. Sandoval, is obligated to eiect three such can ning factories, of which the one now established at Magdalena Bay is the first. The other two are to be, one at Cedros Island, out off the West Coast of Lower California, farther north than Magdalena Bay, and the other at the mouth of the Colorado river. They will be established within a very few months. When given the usual notifica tion Judge Doan ordered a special term of court to hear this contest and the new Chenoweth-Earhart case on Tuesday, February 20th. As there is no doubt that the district court will be functus officio before the day and date set the cases will hive to be held in the supreme court at the time set. As he is counsel for defendant and contesUee in one c ise Judge Duffy will be disqualified to hear that case and another superior judge will have to come from another county to try the case. His Position. With regard to the criticism in The Oasis last week of the action of the Town Board in letting a con tract for $50,400 for a pumping plant and pipe line without adver tisement, Mr. Arcus Reddoch, one of the Town Board, requests the statement made in his behalf that in the Board he opposed letting the contract without advertisement for bids, and that Mr. Lowe, another councilman, seconded his motion; but the motion was voted down. Mr. Reddoch desires The Oasis to state that he opposed the pur chase of the Nogales Water Com pany's) plant, and that he was voted down on that point. The Oasis makes cheerfully those statements for Mr. Reddoch. They relieve him of responsibility in a matter wherein the board is sub ject to much adverse criticism. Another Contest. Thursday afternoon there was instituted in the district court an other contested election case, in which Mr. A. Dumbauld, the de mocratic candidate for clerk of the superior court contests the right to the office of Edward L. Put up to the Attorney General. Monday evening at the regular monthly meeting of the Nogales Town Board there arose the quest ions of the legality of the proposed purchase of the Nogales Water Company's plant out from the pro ceeds of the bond issue, and the letting of the Karns contract for a pumping plant at the river, and a, pipe line to connect. It was cou cluded to ask the advice of tha attorney general with regard to those matters, and it, was ordered, that he be requested to give an opinion. In this connection it is not amiss tocall attention to a communication upon these questions in another column, from Mayor Noon, Doster Noon declares that before he aci in an official capacity in either matter he will' be positively sure that such action is entirely legal. NOGALES NOTES. Mr. Oscar F. Ashburn, chairman of the board of supervisors arrived from the Pennsylvania ranche Tuesday evening and has been at Nogales since. Mr. S. L. Kingan, one of the leading attorneys of Tucson, has been at Nogales since Tuesday evening conducting the cantest easy for Mr. H. K. Chenoweth against Mr. R. R. Earhart, over the county treasurership. Monday there visited Nogales Miss Alice Ramona Jacobson from the j Rain Valley, who came to the county to make filing of a home stead on 160 acres of public land, twelve miles west of Elgin, adjacent to the Pima county line. Monday there was at Nogales, en route to California, the special car "Pilgrim," mentioned last week 08 having gone to Esperanza with John Hays Hammond, W.S.Rich ardson, Major F. R. Burnham, and others of the Richardson Construc tion Company. Monday Nogales was visited by Mr. William Bracken, a Boston attorney, counsel for the Mexican. Metals Company, who visited the line city in connection with the sale of delinquent stock of the com pany. Tuesday the gentleman went to Cananea.