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11 ill VOLUME 12 CLAYTW. KEW KEXríO, THURSDAY, APRIL 20, 1916. NO. 15. "HH LOCAL INCIDENT SHOWS SYSTEM TO BE FAULTY Taxpayers Paper Says Ad journed Term of Court Ex pensive and Accomplish ed Nothing The April number of the New Mex ico Tax Review, the official publication t the Taxpayer's Association, has just been issued and probably is the most interesting number yet produc ed since it shows the association in active operation as an investigator of public finance and administration. The bulk of the number is the work of Director A. E. James, who continues his series of educational articles on taxation and gives first results of his inquiry into methods of conducting stated finances. One of the most interesting features ef the number is a brief reference to the grand jury system in New Mexico with particular reference to a recent incident in Union county. This article is headed "A Lawyer's Game at a Tax payers Expense of $1,107.27." The article is in part as follows: "The grand jury in Union county recently returned several indictments. The attorneys for the defendants de murred on the ground that the jury impaneled had been drawn after the periods specified in the law. The in dictments were quashed and the work will have to be done over. This little byplay is best explained by the fol lowing letter from the director to the county clerk and his replies: "I am advised by the newspaper statement in the Clayton newspapers that the indictments presented by the grand jury were quashed because of irregularity in drawing the jury. May I ask you to furnish me with certain information not contained in this news paper statement? Q. Number of days grand jury was in session? A. Eight days. Q. Number of days court was in session before the indictments were uashed ? A. Seven days. Q. Amounts paid petit jurors before same were dismissed. A. Petit jury was dismissed on March 13-16 same day, before empan eling said jury, $231.31. Q. Amounts paid on account of grand jury? A. $653.31. Q. Sheriff's fees paid or due, ser vice of warrants, subpoenns, etc., on account of cases dismissed? A. He was paid for actual expenses serving jurors, etc., $222.65. Q. May I ask you to give me the name and the official position of the person to whom Judge Lieb gave the key to the jury box? A. Judge Lieb had the key all the time. Under the New Mexico system t person suspected of crime is commit' ted by a magistrate to the grand jury. That jury returns an indictment after nearing only one side, the prosecution. Then sometime afterward the case goes to trial. Every statutory detail covering the selection of the grand and petit juries must be fully carried ut to sustain the indictment and the conviction if one is had. Do not criticise the lawyers. It is their duty to protect their client in every way possible under the law. It is their duty to play the law game according to the rules. But what of the rules? A person accused of crime has a right to know what he is accused of. The imlicement does that. Whether it is framed directly by the district attorney or indirectly through a grand jury, is a matter of form, not sub stance. A defendant is entitled to a fair and open trial and to be con fronted by .the witnesses against him. The trial before a petit jury does that. Why then, a grand jury? It is not necessary to the protection of the de fendant. It merely adds a cumber some fifth wheel to our legal machin ery, invites wasteful errors, occupies the time of the district attorney, the Bhcriff and the court and costs large sums of the taxpayers' money. A summary hearing before a magistrate shorn of technicalities would supply all necessary preliminaries, guarantee a speedier trial and save the public funds. Not all states require grand juries in every case. Why not sim plify the rules in New Mexico? Are we so rich that we can afford to squander money on a lawyer game ? The defendants who got out of Un ion county escaped only temporarily. Their triumph is not substantial. No thing is decided. The mill has only ground without a grist It will grind again, perhaps with a greater success on a second attempt But this all costs money to what end? God or Somebody Protect Clayton ' W1. rrom rire "Damaged Goods" Tonight Manager Slats Rankin, of the Mis sion wishes to announce that in show. ing "Damaged Goods," which comes to his show shop for two perform anees, tonight, that he considers the theme of the picture one in which every right thinking man and woman should be vitally concerned. He, along with folks who have read literature commenting on the play, knows that the subject is far from elegant but one that strikes every person with stunning force of the desirability of a single standard of morals before marriage. Slats thinks that if all were acquaint ed with the motive of the picture two shows at the Mission would not be sufficient to accomodate the crowd. Popular Young Rancher Weds Romance growing out of a visit on Down-town folks wra thrown intn ranch Kenton culminated hap- hysterical fits Tuesday when our JuatJ Dil in Eklund hotel Parlor at 7 ly celebrated fire whistle's shriek sounded above the wind's voice. The buzz wagoa and firemen raced to the blaze which was finally located at Dr. Edmondson's. A straw pile was burn ing. The firemen bad the hose ready for business in their usual short time, However, the firemen's efforts were in vain Although the boys twisted on the p. m. Sunday evening when Miss Mar gie Holder, of Evansville, Ind., was married to Walter Smylie, one of Un ion county's popular young ranchmen, of near Kenton. Cale Giles, Mrs. M. B. Smyhe and Mr. and Mrs. Arthur Wooten and a few friends at the ho tel were guests. Mrs. Smylie met her husband while visiting relatives on a ranch near Ken- water plug in approved style, nothing ton' and although she returned to her happened. There waant any water. Dr. Edmondson had the lawn hose into action, and by stuffing a finger in the end, which furnished a nozzle, impromptu as it were, he succeeded in conjuring up such a terriffic pres home in the Hoosier state the call of the west proved too great and she again came to stay. She has made many friends during her short resi dence here. Mr. Smylie is one of Union county's sure that he got the edge of the fire Progressive and prosperous young all damp. Fire Chief Claggett came to the rescue with hand extinguishers and soon had the blaze quenched. Please pray for Clayton at least until more adequate fire protection is at the disposal of the firefighters. ranchmen, a good citizen and business man who has hosts of friends who join with The Citizen in extending best wishes, The young folks left for their ranch home Monday evening, Slats Books Well-Known Star SCHOOL "KIDS" TO GIVE DANDY ENTERTAINMENT Juan Pronounces Sentence with Drills, Songs and Play lets f or County Clerk Juan J. Duran ad mits he doesn't look the part but he did it nevertheless, he tied the knot and the folks are married and doubt less have grown weary of receiving congratulations. It happened Tuesday when Prank Peters of Kansas City, Mo., and Jennie Shroyer of Guy, were married at the court house. The coa pie will reside at Guy, jt is reported. Marriage license was issued to Bert Swarm and Bertha Kerr, of Hayden, Tuesday. School Benefit Library What Manager Slats of the Mission says is the most important dramatic event in the history of Clayton is billed for his theatre Friday, tomorrow night Will fplpKratP fino nf TVrm when the well-konwn comedy star, May oiewart, win appear in wnat is advertised as an elaborate production of the W. S. Gilbert comedy, "The Sculptor's Dream." Mr. Gilbert wrote the dialogue for the comic opears, Pinafore" and "The Mikado." Slats told the reporter that he was able to secure Miss Stewart and com pany quite by accident, having learned that they were on their way east to close the season and only by offering a very substantial guarantee was he able to book this attraction.. uilberts comedies have the com mendable record of being different from the usual present day affairs and the "Sculptor's Dream" is herald ed as one of his best Isaacs Gets Paper Baler Soaring prices of paper have im pressed R. W. Isaacs sufficiently to cause him to order a paper baler ac cording to members of the office force. The baler is expected here the latter part of the week. ?Mr. Isaacs, it is reported, will have a man who will herd all the stray paper in town where it can be obtained in paying quanti ties. The newspaper plants in Clay ton will be able to supply enough waste paper to keep the bailer in work ing condition, at least. v Superintendent and teachers in the Clayton schools are working long hours overtime preparing the enter tainments that celebrate the close of the schookterm. Two entertainments are scheted and each fcvomiae to be brfnffull of interest, thé first is set for Tuesday night, April 25, at the Mission theatre. The principal event of that night will be a musical playlet entitled Mid-Summer Eve" given by the fourth, sixth and seventh grades un- er direction of Miss Lucy Sullivan There are several other numbers which serve on the program as "spe cials." The proceeds of the affair will be applied to the school library. Ad mission price is fixed at 15 and 25 cents. Three Will be Candidates Dr. Chas. Whellon, of Santa Fe was a Clayton visitor this week on business connected with the Masonic lodge. He was conferring with W, C. Barnhart, H. J. Hammond, Jr., and F. H. Clark, who, it is reported, will be members of the June class at the Scottish Rite temple in Santa Fe. Wade will Sell Easter Ponies s The flower sale, rather live plant sale at Geo. H. Wade & Co., proved a winner. It started with a rush as early as 7 o'clock Monday morning. By 9 o clock the choice plants were erone. Mr. Wade sent for another lot of 1000 live plants, 500 of which are pansies, the balance being an as sortment of roses, ferns, heliotropes tulips, etc. He has also sent for sev eral dozen cut flowers for Easter. at the Bap Order of Easter Service tist Church Morning worship at 11 o'clock Doxolojry, Invocation, Hymn, "Vic tory is Won." Scripture Reading, An them, "The Lord will Comfort Zion Prayer, Solo, "The Angel's Chorus Miss Hazel Asmussen. Offertory Chorus, "Crown Him King of Kings Sermon, "Risen with Christ." Hymn, "Christ Arose." Benediction. Evening worship at 7:30 o'clock Subicct of Sermon. "An Easter Journey." All are cordially welcome. J. Q. Herrin, Pastor, .V. Following is the program by grades, the teachers acting as directors of each special number: Folk Dance "I See You" (Miss Morgan, Teacher) First primary: Josephine Domin guez, Tom Pace, Nellie Valdez, Frank lin Kilburn, Rae Lynch, Nestor Baca, Condelia Garcia, Beamen Wilhite, Daisy Means, Buddie Joe Gill, Lorena Parham, Donald Gills, Jessie Lu Akin, Glenn Akin, Alice Castillo, Fredie Lee Street, Edna Holmes, Thatcher Sher man, Reba Reeves, Carl Weichman. Drill and Music (Miss Leavill, Teacher) Second Primary: Girls, song, "Lit tle Sleepy Head Dolly." Second primary: Boys, Drill, "Dc fenders of the U. S. A." Tantoli (Dutch) , (Miss Cox, Teacher) Paulino Clark, Floyd Raibourn, Ma bel Snyder, Arthur Farber, Aviguol Sanchez, Fay Stephenson, Erma Zah ner, Ouna Nutter, Agnes Rankin, John Mary Garcia, Carl Pyle, Glenna Gran ville, John Rose, Indian Club Drill, 6th and 7th grade boys. Special Drills (Mrs Howard and Miss Hutchings) Third and Fifth grades: Chinese Feast, boys; Zobo drill, girls, "Mid-Summer Eve" Misses McArthur and Spring, Teach ers, Miss Sullivan Musical Director.) Cast of characters, fourth, sixth and seventh grades. Dorothy Nclla Akins Queen Mab CutherineGcntry Herald ...Julius . Kingdom Pages: Eddie Rupple, Duran Campbell. Arbutus Pauline Beatty Innocence .Isabel Hcrzstein Flowers Sixteen Girls Will-'o-the-wisps Eight Girls Little Green Elves Eight Girls Judge to Decide School Fate Monday V Judge Lieb after hearing the pie for an injunction to enjoin the school board from disposing of $35,000 worth of school bonds decided that the board should go ahead and receive bids on the bonds and he will decide Mon day whether the injunction shall be dissolved or made perpetual. H. B. Woodward represented the cit izens asking that the court grant the injunction. The controversy grew out of several parties offering to donate sites for the school building together with a bonus after the school board had contracted a site for $1800. REPUBLICANS CONVENE TO ELECT DELEGATES Seventy Delegates and Guests Listen to Pertinent Talks of Union County's Lead ing Citizens The Republican convention at the court house Monday in which 10 dele gates were elected to represent Union county at the state Republican con vention at Albuquerque, was inter spersed by many speeches that con tained the ring of genuine confidence for a .sweeping republican victory this fall. About half of the precincts had del egates present, which is an exception ally large turnout, considering the enormuos size of the county and the very busy season. A large crowd of spectators was also present M. J. Woods of Amistad was elected chairman, Isidro Montoya, secretary, M. Baca and N. F. Gallegos, inter preters, and H. H. Errett, assistant secretaray. The committee on cre dentials was composed of H. J. Ham mond, chairman, D. W. Snyder and E. V. Gallegos. The following made up the committee on resolutions: H. E. Woodward, E. Sandoval, D. W. Crow, J. Andres Pacheco, and Juan Vigil, Important Motion Carried An important motion placed before the (invention by H. II. Errett and sec ondiJ liy It. Q. Palmer to the effect thaVwclj precinct be allowed one dele gate 'i)f each five votes, carried. Spe.uhes were made by II. J. Ham mond,'. W. Snyder, O. T. Toombs, H. C; Abbott and others. Mr. -Snyder graphically portrayed f:hef'fUcriits as realizing inevitable defeat. Mr. Snyder also made it known that he was for Roosevelt. Mr. Hammond did not talk on local issues but took up national problems confronting us. Mr. Hammond's talk was very interesting, making the point vivid that the United States needed a man like Roosevelt at the white house. Andrew Knell Dead Toombs Says Persecution Failed Judge O. T. Toombs announced that he favored the man the Republican convention at Chicago nominated. He also utilized the occasion to point out that local "Democratic persecu tion of Mr. Mansker had come to naught." The following delegates were chosen by the convention to attend the state convention at Albuquerque: A. McKenzie, O. T. Toombs, E. F. Gallegos, II. J. Hammond, Juan Vigil, R. Q. Palmer, J. F-. Branson, N. F. Gallegos, W. J. Woods, R. P. Ervien. Andrew Knell, one of the oldest and best citizens of this part of New Mex ico, died at Pasadena, Calif., Tuesday. His daughter, Mrs. T. E. Mitchell of Albert, has been there caring for him since the death of his wife, last win ter. Mr. Knell came to New Mexico over 30 years ago. Ford Turns Over Mrs. Sam Simerl and Mrs. Ben Har lan narrowly escaped serious injury when the Simerl Ford went into the ditch near R. W. Isaacs place Monday The car turned over, it is reported, be cause of an attempt to turn too sharp ly. Mrs. Harlan was painfully, but not seriously, bruised. y; Car of Maxwells for Clayton Company Auto Another car of Maxwells is expected to arrive in Clayton this week, be ing consigned to the Clayton dealers, the Clayton Garage & Auto Co. Last June's brides are nor prepnrji to give competent advice to Next June Shortage in material is more con spicuous in current fashion than short age in dyestuff. The Citizen is the only paper pub lished in Clayton that reaches its sub- Spirit of the Dawn Vain Parks scribers the same week it is printed Villa Death Believed to be Fake Sun Antonio, April 18. Gen. Bell reporting from El Paso to General Funston gave it his opinion, after the thorough investigations he had made, that the report of Villa's death had been manufactured in Juarez. Reports were received here today from Mexican sources that the Amer ican expeditionary force was being constrained, in three places, among des tatehments near Satevo, the main col umn near Namiquipa and a third div These reports also stated that the Parral fighting had had a most un fortunate effect on the people of north ern Mexico, and had greatly inflamed the anti-American feeling. The Par ral incident, it was said, had been mag nified by anti-American and anti-Car- ranza agitators into a great batttle in which the Americans were badly beaten. The Mexican dead were accounted for as unarmed citizens who had been killed by "the Americans before the Parral garrison could interfere. The meanest editor is he of the Chi cago Post, who is glad Villa has shav ed off his mustache, so when it is time to hang him he won't look so much like Nick Longworth. Citizen Job Department delivers work when promised. i V. \n\n Pnce, Felicita Tarin, Ira Walcott ision at Colonia Dublan.