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Dr. Douglas on the Scene. Dr. James Douglas, president of the Phelps-Dodge company, owners of the Stag Canyon Fuel company, arrived here this morning in a special train from El Paso, Tex. de is accompanied by Walter Douglas, his son, who is general manager of the Phelps-Dodge interests in the southwest.-Ex. NOTICE. All persons having an account with the First State Bank, Tueumean, N. M., will leave their pass book for balancing. 4-2t R. P. DONOHOO, Receiver.
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RECEIVER'S NOTICE Notice is hereby given that the un dersigned has been appointed receiver of the First State Bank of Tueumeari. All persons having claims against said bank will verify the same and file with the receiver. All persons indebted to the said bank will please call and settle the amount due ROME P. DONOHOO, Receiver
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RECEIVER'S NOTICE Notice is hereby given that the undersigned has been appointed receiver of the First State Bank of Tueumeart. All persons having claims against said bank will verify the same and file with the receiver. All persons indebted to the said bank will please call and settle the amount the ROME P. DONOHOO, Receiver
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# NEW MEXICO NEWS Gathered From # All Parts of the State Western Newspaper Union News Service. The Sterdevan home at Roswell was gutted by fire. New Mexico cattlemen had a successful season. Albuquerque Y. M. C. A. railroaders are anxious for a suitable clubhouse. The question of a canning factory for Dayton is again being discussed be citizens of the town and community. G. C. Robbins of Dayton sold this year $40 worth of tomatoes off a patch that measures about one-fifth of an acre. After eating the heads off a package of matches, the three-year-old child of Luz Madrid of Hillsboro died of phosphor poisoning. The school census of Mora county shows a school population of 4,333 for 1913, as compared with 4,217 during 1912, a gain of 116. At a meeting of the Deming Commonwealth Club the main subject under discussion was a commission form of government for that city. R. P. Donohoo, receiver for the defunct First State Bank of Tucumcari, has brought suit against the Las Cruces State Bank for $17,949. James T. Fay of Farmington was found guilty on the charge of attempting to defraud the government of the tax on two gallons of fruit brandy. Notaries have been appointed by Governor McDonald as follows: Arthur Daune Tyler, Deming; Lee O. Lester, Deming; Thomas W. Hanna, Lamy. The beet harvest is now in full swing and four carloads of beets a day are being sent from Maxwell to the sugar factory at Garden City, Kansas. Anecleto Contreras, an old citizen of Rio del Media, committed suicide by blowing off the top of his head with a muzzle loading gun loaded with buckshot. Fred Burleson, 20-year-old son of Mr. and Mrs. Peter Burleson, of Lincoln, was shot in Carrizozo and may die. Al Highfill, his assailant, is in the county jail. Good progress is being made on the tracklaying on the branch line of railroad into the Burro mountains and it is expected that the track will be into Tyrone in a short time. Thieves have been at work recently at Vaughn, among other things carrying off about 3,000 pounds of beans that B. F. Little had stored in the Tharp ranch house. The Tres Ritos Cattle and Land Company filed incorporation papers with the state corporation commission. The headquarters of the company are at Three Rivers. The convict camp which has been working on the Santa Fe-Las Vegas road is now repairing the road about ten miles beyond Glorieta, according to State Engineer French. The following have been commissioned notary publics by Governor McDonald: Jose M. Garcia, Santa Fe; George E. French, Roswell; Mark T. Nix, Rosebud, Union county. Duke Chester, formerly an inmate in the New Mexico penitentiary, where he served a term for grand larceny, committed in Bernalillo county, is under arest in Denver for making and having in his possession a plaster mold for a $1.00 coin. The county superintendent of Rio Arriba county has filed his report of the present term with the state educational department. This shows a school population of 5,655, 63 teachers employed, an average monthly salary of $53.57, an average school term of 5.48 months, and a total monthly payroll of $3,375. For the past month a day has not passed during which from six to fifteen carloads of Colfax county sugar beets have not passed through Raton en route to the refineries in western Kansas. Deputy Traveling Auditor E. A. Mossman has completed his audit of the books of McKinley county and is now at Los Lunas, where he will report the books of the officials of that county. Up to last week twenty-six bodies remained buried in the Stag coal mine No. 2 at Dawson, though a month had passed since the disaster which carried death to 263 of the 284 men at work at the time of the explosion. It is thought that many weeks will pass before the last body is recovered. A committee named by the state board of education to report on a Spanish text book for the use of the state schools, consisting of Filadelfo Baca, assistant superintendent of public instruction; Antonio Lucero, secretary of state, and Bonifacio Montoya, county superintendent of Sandoval county, met during the teachers' meeting at Albuquerque. Information has been received in Las Vegas to the effect that a certain Mrs. E. W. Pierce is under arrest in
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NEW BOND APPROVED H. R. Simms is in Tucumcari arranging for a new bond in the case of T. R. H. Smith, former president of the First State Bank of this city which closed its doors more than a year ago. The former bondsmen, Hugh Clary and W. N. Hager, of Mesilla Park, have asked to be released from the bonds which they were on for Mr. Smith for his uppearance on a suit pending in connection with the failure of the First State Bank. Mr. Smith was placed in the custody of the sheriff on Satfurday morning last. Governor W. C. McDonald Monday applied to the attorney general to file suit for the appointment of a receiver for the First State Bank of Las Cruces, another of the Smith banks, which bank recently closed its doors. It is said that suit will be filed before judge Medler in the third judicial district. The Las Cruces bank is said to have had on deposit nearly $75,000 in state funds.
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the various reports made by said bank and the several official communications thereo® made under direction or by authority of the travel. lug auditor of the state during the years 1913 and 1914 including the re+ port made by such traveling auditor of the results of his examination made subsequent to the failure of such bank. also showing the date of each of such examinations and by whom made also any and all correspondence between said bank. or any officer thereof. and the governor or traveling auditor concerning the affairs of said bank during the aforesaid years and since said failure, also any and all such information showing the relations if any, existing between the First State bank of Las Cruces and the First State bank of Tucumcari prior to. at the time of and subsequent to the failure of the said last named bank." The resolution proceeds to request from the governor a complete statement of the affairs of the state agricultural college, its present financial situation and its relations with the First State bank of Las Crucea. The resolution passed the house under suspension of the rules by a vote of 48 to nothing, the majority members casting their votes enthusiastically for the measure.
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ond class, $800 by third class and $500 by fourth and fifth classes. As each district has a \number of counties, the district clerks will be the best paid officials In several instances. Counties bordering on other states are authorized to employ an additional deputy sheriff at not to exceed $1,500 a year While this bill is almost identical with that vetoed by Governor McDonald, it is understood that county officials in both democratic and republican counties are not satisfied with it and will demand better pay, especially the county school superintendents, who insist that their services ought to be worth as much to the county as that of any other official Bills Favorably Reported. The following bills were favorably reported from the senate committee on judiciary 25. By Senator Pankey, with amendment, for the legal publication of incorporation articles. 14. Py Senator Hinkle An act defining jurisdiction of justices of the peace in misdemeanor cases. 26 By Senator Gallegos. To prevent the sale and dissemination of air and spring guns. 33. By Senator Walton. Fixing the terms of the district court in the Sixth judicial district 34. By Senator 11feld. An act relating to the filing and recording of chattel mortgages 39. By Senator 11feld. An act relating to insane persons. 41. By Senator Ilfeld. Making it unlawful to distribute samples of medicines 43. By Senator Ilfeld. Regarding landlord's liens on property. 45. By Senator lifeld. To próvide for the levy of an occupation tax in incorporated cities All of these bills had been considered by the committee on judiciary, which reported unfavorably on bill No. 22, by Senator Alldredge, relating to the filing of chattel mortgages and prescribed the filing fees. The combe 31 mittee also asked that No. transferred to the committee on highways. It Is by Senator Alidredge and regulates the payment of road tax. To Investigate Bank Failure. In the house Mr. Blood introduced house resolution No. 4. providing for an investigation of the First State bank of Las Cruces and of the New Mexico College of Agriculture and Mechanic Arts. and whatsoever appertained to the connection of the dedefunct Las Cruces bank and the funct First State bank of Tucumcari, with reports of the traveling auditor for 1913 and 1914, and all documents. records, papers and correspondence, as well as other information in pos= session of the governor and of the traveling auditor. Under suspension of the rules the resolution was passed unanimously The following bills were introduced in the house: 56. By Speaker Romero. To govern the state asylum for the insane. Judiciary 57. By Speaker Romero. To gov ern appointments at the University of New Mexico. 58. By Mr. Davies, by réquest. Re lating to appeals from justice courts in criminal cases. Judiciary 59. By Mr. Gonzales and Mr. Reinburg. Providing for the establishment of "no fence' precincts upon petition to county commissioners, and for the recovery of damages for injury done by animals in such preincts, and fixing fees for appraisers such and justices of the peace in cases. Livestock. 60. By Messrs Gonzales and Reinburg. To make it a misdemeanor to defraud lessors out of rent due or to leave rented premises without notice. State affairs. 61 By Mr Chavez of Valencia Relative to the appointment of city marshals. Judiciary Hewitt's Salary Bill. 62. By M: Hewitt. To classify the counties of the state and to fix the salaries of the county officers. Finance, This bill provides for three classes of counties: First, over $4. 00,000 taxable assessment; second, $2,750,000 to $4,000,000, and third, ess than $2,750,000. Sheriffs asessors, treasurers, county clerks and county superintendents are to reeive $2,000, $1,750 and $1,500, respectively; only practical teachers to e eligible to the last named office county commissioners and probate udges $600. $400 and $300, respeclively: deputy court clerks, $1,200, $1,000 and $600. respectively; chairmen of county boards, $700, $500 and 400 A strenuous effort will be made by oth parties to get a salary bill to he governor before the county offito ials descend upon the capital oice their demands 63. By Mr. Veal. To regulate the ees to be paid for automobile Iienses at 50 cents per horsepower, nd exempting automobiles from all ther forms of property tax. The fees prescribed are made returnable to li ach county, whence they were reeived, less five per cent to pay for he administration of the act 64. By Mr. Swan. To provide for le panel of 36 instead of 24 petit jurI'S. Judiciary 65. By Mr. Swan. Providing for he service of process by registered p nail. Judiciary & 66. By Mr. Swan. Providing for n b procedure in civil and criminal cases. udiciary S 67. By Mr. Swan. Defining the rime of embezzlement and providing o penalty therefor. Judiciary li 68. By Mr. Welsh. For the inM pection of hides, pelts by sheriffs, eputies, justices of the peace, inspec11 ors, and giving of certificates there. n r Judiciary J 69. By Mr. Welsh To prevent the C rime and providing penalty for conh piracy Judiclary C 70. By Mr. Tharp Abolishing of apital punishment. This is the secC nd bill introduced by the socialist member, his first bill providing for he recall of public officials by popu11 r vote. Meat Dilla of
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RECEIVER'S SALE OF THE EVANS OPERA HOUSE I am now prepared to receive bids on the following described property: Lot A in Evans Realty Co's subdivision of Lots 21, 22, 23 and 24 in block 4, O. T. Tucumcari, together with all improvements thereon--opera house building and all furniture and fixtures therein: including moving picture machine and equipment. Lots B, C, D and E Evans Realty Co.; sub-division of lots 21, 22, 23, and 24 in block 4, O. T. Tucumcari; -a ½ interest in the N½ of the NE% Sec. 15 and the S½ of SE%, Sec. 10, Twp 11N, Rng 30, East, N. M. P. M., located in Quay county, N. M. J. W. McCarty, Receiver. First State Bank. Tucumeari, N. M.
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# RECEIVER'S SALE OF THE # EVANS OPERA HOUSE I am now 'prepared to receive bids on the following described property: Lot A in Evans Realty Co's sub-division of Lots 21, 22, 23 and 24 in block 4, O. T. Tucumcari, together with all improvements thereon-opera house building and all furniture and fixtures therein; including moving picture machine and equipment. Lots B, C, D and E Evans Realty Co.; sub-division of lots 21, 22, 23, and 24 in block 4, O. T. Tucumcari; -a ½ interest in the N½ of the NE¼ Sec. 15 and the S½ of SE¼, Sec. 10, Twp 11N, Rng 30, East, N. M. P. M., located in Quay county, N. M. J. W. McCarty, Receiver. First State Bank, Tucumcari, N. M.
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picture machine and equipment. Lots B, C, D and E Evans Realty Co.; sub-division of lots 21, 22, 23, and 24 in block 4, O. T. Tucumcari; -a ½ interest in the N½ of the NE¼ Sec. 15 and the S½ of SE¼, Sec. 10, Twp 11N, Rng 30, East, N. M. P. M., located in Quay county, N. M. J. W. McCarty, Receiver. First State Bank, Tucumcari, N. M.
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# NOTICE FOR PUBLICATION In the District Court, Eighth Judicial District, State of New Mexico, County of Quay. J. W. McCarty, Receiver of First State Bank of Tucumcari, plaintiff, vs. George W. Evans, Jr., et al., defendants, No. 1619. The defendants, C. A. Brown, and M. M. Brown, his wife, Paul Mayer, George W. Evans, Jr., Geo. W. Evans, Jr., G. W. Evans, Jr., Maud M. Evans, O. C. Evans, Unknown Heirs of Theodore W. Heman, deceased, and Unknown Claimants of Interest in and to the premises and property involved in this action (described in the complaint) adverse to plaintiff and plaintiff's estate therein, and each of you are hereby notified that an action has been commenced against you by the plaintiff above named, in the above styled court and cause, whereby the plaintiff seeks to quiet in himself, the title in and to the following described real estate and property, lying and being in Quay County, New Mexico, to-wit: Lots A, B, C, D, and E, of Evans Realty Company's Sub-division of Lots 21, 22, 23, and 24 in Block 4, of the Original Townsite of the Town (now city) of Tucumcari, New Mexico, as shown by the plat thereof on file in the office of the County Clerk of said
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NOTICE FOR PUBLICATION In the District Court, Eighth Judicial District, State of New Mexico, County of Quay. J. W. McCarty, Receiver of First State Bank of Tucumcari, plaintiff, vs. George W. Evans, Jr., et al., defendants, No. 1619. The defendants, C. A. Brown, and M. M. Brown, his wife, Paul Mayer, George W. Evans, Jr., Geo. W. Evans, Jr., G. W. Evans, Jr., Maud M. Evans, O. C. Evans, Unknown Heirs of Theodore W. Heman, deceased, and Unknown Claimants of Interest in and to the premises and property involved in this action (described in the complaint) adverse to plaintiff and plaintiff's estate therein, and each of you are hereby notified that an action has been commenced against you by the plaintiff above named, in the above styled court and cause, whereby the plaintiff seeks to quiet in himself, the title in and to the following described real estate and property, lying and being in Quay County, New Mexico, towit: Lots A, B, C, D, and E, of Evans Realty Company's Sub-division of Lots 21, 22, 23, and 24 in Block 4, of the Original Townsite of the Town (now city) of Tucumcari, New Mexico, as shown by the plat thereof on file in the office of the County Clerk of said county. And the plaintiff prays judgment that said defendants, and each of them, be forever barred and esstopped from having or claiming any any right, title or interest in and to said premises and that plaintiff's title thereto be forever quieted and set at rest, and for such other and further relief as to the Court may seem equitable and for costs of suit. And you are further notified that unless you enter or cause to be entered your appearance in said cause on or before the 21st day of February, 1916, judgment by default will be rendered against you and the relief prayed by plaintiff granted and decreed. Harry H. McElroy, of Tucumcari, New Mexico, is attorney for plaintiff. (Seal) D. J. FINEGAN, Clerk of the Above Styled Court By W. R. Coplen, Deputy.
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SMITH FAMILY NOTES FAILED LAS CRUCES BANK WERE HEAVY Evidence Shows Overdrafts by Contractors Who Helped Build Smith Home; Smith Property, Surrendered to Bank, Encumbered For as Much as It is Worth, According to the Testimony of Receiver. ness said, was $4206.85. An account carLAMOGORDO, N. M., April 21.ried in the individual ledger as "Hugh Turner R. H. Smith's financial Gilbert, special." showed an overdraft A transactions with the First State of $4632.16. Witness said Smith explained that this overdraft in reality bank of Las Cruces, formed the chief was his own. Gilbert was the contracfeature of the session of court yestertor who built Smith's home in Las day afternoon. Smith, former presiCruces, and this overdraft grew out of dent of the First State bank of Las his work in connection with the buildCruces, is on trial here under an ining of Smith's home. dictment which charges him with the The account of the Las Cruces Tinembezzlement of $4150 on July 15, 1914. ning and Plumbing company showed an Last night marked the close of the overdraft of $1157.47, and this, Smith fourth day of the trial, including three said, was his own overdraft, so the witnight sessions. When the session closed ness testified. This company had the at 10:30 last night, the state still was contract for the plumbing in Smith's engaged in introducing testimony, but home. L B. Smith, a brother of the had almost concluded its case. defendant, had an overdraft for $4539.28. The testimony with reference to When the bank closed its doors, witness Smith's financial transactions with the said the total of its overdrafts was bank was given by L. B. Wooters, for$30,178.96. Its capital stock was $30,mer assistant bank examiner for the 000. state of New Mexico, who was recalled. Smith's Notes Large. Wooters, as assistant bank examiner, Witness said that when the bank took charge of the bank, after its failfailed, Smith's notes in the bank agure. In his previous testimony, he had gregated $30,131.19. The notes of L. said that he took charge of the defunct B. Smith, brother of the defendant, bank on Dec. 9, but after having reamounted to $7750. There was a note freshed his memory by reference to his of $3750, signed by W. A. Thompson, report, testified that it was on the 10th which Smith said the bank had disthat he took charge. He made an excounted for L. B. Smith, according to amination of the affairs and condition the witness. of the bank after he arrived and made C. H. Hardin Smith, another brother a formal report on the same. When of the defendant, had a note for $5000. this report was offered in evidence by The total of Smith's notes and overthe state, the defence filed a vigorous drafts was $40,127.67. which included objection. The court overruled the obthe overdrafts in the Hugh Gilbert spèjection and admitted the report. cial account and the Las Cruces TinWhere Some Money Went. ning and Plumbing company account. This report showed, the witness said, The total of the obligations of Smith that the capital stock and surplus had and the members of his family was been impaired 54 percent. In dollars $61,166.95. and cents, he estimated the loss to be Smith Turns Over Home. $162,377.30. Of this amount, the loss Witness said he arrived at his estion loans was estimated at $114,392.59, mate of the value of the bank's assets on overdrafts $22,532.98, on furniture through conferences with the directors and fixtures $4000, on profit and loss of the bank, with others and through account $1365.66 on the First State bank information from other sources. He of Tucumeari (this bank failed) $10.fixed the value of the Smith residence 022.86, on the Toyah Valley bank of at $10,000, and said he was informed Balmorrhea (this bank also failed) $10,the residence had been turned over to 000, cash short $63.19, error in footings the bank by Smith. $.02. Plenty of Smith Overdrafts. He said he believed Gilbert was solSmith's overdraft in the bank, witvent, but that he did not know about the Las Cruces Tinning and Plumbing
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HOLLOMAN'S LETTER TO McDONALD Dear Governor McDonald: I am taking the privilege of writing you regarding the condition of the First State Bank of Las Cruces. In order that you will not feel that T am presumptous in doing this. I beg leave to state that my letter to you grows out of a controversy existing between Rome P. Donohoo, Receiver of the First State Bank of Tucumcari and the First State Bank of Las Cruces. On October 2nd the First State Bank of Tucumcari closed its doors. It was absolutely insolvent and practically all its resources had been dissipated, Mr. Donohoo was appointed by Judge Lieb as Receiver and I was employed by him as attorney, and have acted in that capacity since that time. An investigation of the two banks show me conclusively that the original capital paid in for the First State Bank of Tucumcari was really not paid into the bank at Tucumcari but that the First State Bank of Las Cruces gave the First State Bank of Tucumcari credit for the amount being about $16,000.00. Hugh Swift, who was the President of the First State Bank of Tucumcari, gave his personal notes to the First State Bank of Las Cruces in the sum of $10,000.00. T. H. R. Smith,