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of all witnesses, and the facts or any part thereof relating to such injuries, and shall also commence his action within one year after the injuries occurred in the district court in the county in which they occur or where the defendant resides, said action not to be dismissed or discontinued except by consent of the defendant, and all the foregoing conditions are made a condition precedent upon which the right to recover for such injuries can exist, except as provided in section 2.

The second section permits the person or corporation in the district to file a petition in the district court in the county where the petitioner lives stating that he is informed that some one claims damages for personal injuries or both, setting forth as near as he can the manner in which the claim arose, asking that the party injured be required to appear in said court and file a statement of his cause of action against such petitioner in the form of a complaint, to which the petitioner may demur or answer, when the matter shall proceed to trial, and damages, if any are awarded, shall be assessed as the law and facts may require, subject to the right of having the matter reviewed on writ of error; but in case the party summoned does not appear the court shall proceed to try and determine the whole matter ex parte.

The third section prohibits a person injured in that Territory to bring any action or maintain any suit in any other State or Territory therefor; and if any body bas done it, it shall be the duty of the court in the Territory to set down for hearing and try and determine the question as expeditiously as possible and on short notice to the other party, and gives the court power to compel the parties to appear and plead; and in case it is not triable by-jury, the courts shall proceed at once to try and determine the same, and providing also that the bringing of a suit in any other State or Territory shall be construed by the court as a waiver on the right of the person so bringing it to have a trial by jury in the courts of the Territory.

Section 4 authorizes the court to issue an injunction probibiting the party from prosecuting his suit in any other State or Territory.

Section 5 makes these conditions and limitations apply to all cases in which damages for personal injuries are claimed.

Section 6 does, however, concede the right of parties to compromise the claim.

It seems to the committee that this act throws so many obstacles around the maintenance of an action for personal injuries as to be in many cases a virtual denial of justice and right and that it ought to be expunged from the statutes of New Mexico.

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2d Session.

No. 7276.


FEBRUARY 2, 1907.-Ordered to be printed.

Mr. TAwNEY, from the Committee on Appropriations, submitted the


[To accompany H. R. 24541.]

The Committee on Appropriations, to whom was referred the bill (H. R. 24541), making appropriations for additional urgent deficiencies in appropriations, with the two amendments of the Senate thereto relating to the Jamestown Exposition, having considered the same, beg leave to report as follows:

The committee recommend that amendment of the Senate numbered 1 be amended as follows:

In lieu of the matter inserted by said amendment insert the following:


For the purpose of aiding in the payment of the cost of the construction, completion, and opening of the Jamestown Ter-Centennial Exposition on Hampton Roads, Virginia, the sum of eight hundred thousand dollars is hereby appropriated, out of any money in the Treasury not otherwise app. opriated, the said sum to be paid to the Jamestown Exposition Company on the request of the president of said company in amounts as follops: Three hundred thousand dollars upon the passage of this act, two hundred thousand dollars during the month of February, two hundred thousand dollars during the month of March, and one hundred thousand dollars during the month of April, nineteen hundred and seven. That to insure the application of all said money to the purposes for which the same is appropriated, the Secretary of the Treasury shall appoint a suitable person or persons whose duty it shall be to supervise the disbursement of the same when paid, as herein provided, and to make a full and complete report thereof to him as he may require: Provided, That the amount hereby appropriated when paid to the Jamestown Erposition Company, as herein provided, shall constitute an indebtedness of the said

company to the Government of the United States and shall be repaid by said company to the Treasury of the United States. That for the purpose of protecting the Government and insuring the repayment of said sum of eight hundred thousand dollars the Government shall have the first lien upon the gross receipts of said exposition company from all paid admissions to the grounds of said exposition and from all money received from concessions after the opening of said exposition. That before any part of this appropriation is paid, as hereinbefore provided, the said Jamestown Exposition Company shall erecute, to the satisfaction of the Secretary of the Treasury, an instrument in writing giving and securing to the Government a first lien upon its real estate, buildings, and appurtenances, and its said gross receipts, and said exposition company shall at the same time guarantee to the said Government, under suitable penalties, that the said gross receipts are then entirely free from liens, mortgages, or other encumbrances, and that it will not pledge or in any way encumber or dispose of the said receipts so as to injure or affect the right of the Government to first receive therefrom the amount to be returned to the Treasury, as herein provided, and that the expenditure of the amount hereby loaned shall be only for such objects and purposes connected with or necessary to the completion of the said exposition buildings and grounds and other purposes connected with said exposition as the Secretary of the Treasury shall approre. The said Jamestown Exposition Company shall repay

, into the Treasury of the United States the said sum of eight hundred thousand dollars, as follows: On the thirty-first day of May, nineteen hundred and seven, said Jamestown Exposition Company shall report to the Secretary of the Treasury in detail the total amount of all said gross receipts received by said company to May thirty-first, and forty per centum of such receipts shall at the same time be paid to the Secretary of the Treasury, and thereafter, during said exposition and until the sum of eight hundred thousand dollars shall have been fully paid, as herein prorided, a like detailed report of said gross receipts shall be made by said Jamestonen Exposition Company on the fifteenth day and the last day of each month, respectively, and at the same time forty per centum of said gross receipts shall be paid by the said company to said Secretary of the Treasury: Provided further. That from and after the fifteenth day of July, nineteen hundred and seven, and until the said sum of eight hundred thousand dollars shall have been fully paid, each of the said payments on the fifteenth and the last day of each month, respectively, shall not be less than eighty thousand dollars: And provided further, That if at any time after said erposition company has received the amount hereby appropriated it makes default in the application or in the repayment of said sum, or any part thereof, as herein required, then and in that case the Secretary of the Treasury is hereby authorized by his agents and representatives, by him selected and appointed, to collect, receive, and control all the said gross receipts until the full surm of said eight hundred thousand dollars has been collected and repaid into the Treasury of the United States, as herein prorided, and shall have access to and control of all books of accounts and contracts of said company. And the Secretary of the Treasury shall in such case first pay out of the money 80 collected such operating erpenses (x in his judgment and discretion are necessary and appropriate, and at no time in eccess of said gross receipts, and he shall not, under any circumstances, incur any

debt other obligation for which the Government of the United States would in any way be liable. In accepting the amount her-by appropriated the said Jamestonen Exposition Company shall be taken and held to agree to all the terms and conditions upon ichich the same is made and upon which the same is to be repaid into the Treasury of the United States.

The committee recommend that amendment of the Senate numbered 2 be disagreed to.


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From the sale of 500,000 preferred stock (paid up to date).

$375,000 500,000 common stock (paid up to date)

135, 000 Total.

510,000 There are two different issues of stock; the preferred stock, of which there is but $500,000. The preferred stock under our prospectus was assessable to the full amount of the face value, covering different periods. The common stock became surety for the preferred stockholder, and under our prospectus was only assessed for calls amounting to 28 per cent; the remaining calls being subject to the exposition authorities if it became needed to protect the preferred stockholders or creditors of the company.

Buildings, etc., in course of construction and constructed by the Jamestown Exposition


Buildings in course of construction and constructed by the Jamestown

Exposition Company, including grounds, real estate, etc. (no liens)... $1,400,000 Street improvements, water mains, reservoir, sewerage, surface drainage.. 560,000 Electric power plant, insulation or wiring, on the grounds, in the buildings, etc..



2, 260, 000


State buildings in course of erection and under construction, 19 costing

about..... Eleven State buildings to be constructed

$400,000 165,000

Total amount appropriated by our State for their participation.....

565, 000 1,300,000


United States Government appropriation

$1,300,000 Ten buildings have been contracted for, together with the ornamental piers and basin.


There are 60 buildings being constructed in the concession department at a total cost of over.

$1,000,000 This does not include the Inside Inn hotel under concession, consisting of 800 rooms, costing about..



The participation of patriotic, fraternal, religious, semimilitary, and State militia number over 150 of these various organizations, and have selected the dates and time for their annual meetings of their various bodies. The membership of these various organizations number over 1,800,000 persons.

HR-59-2_Vol 1448


Four hundred and fifty thousand people live within two hours ride of the grounds. Within twelve hours ride there are 21,000,000 people, and within twenty-four hours ride there are half the population of the country.


Steam (representing 21,000 miles of railroad track).-Norfolk and Western Railroad, Atlantic Coast Line, Seaboard Air Line, Chesapeake and Ohio Railroad, Norfolk and Southern, New York, Philadelphia and Norfolk Railroad, and Tidewater Railroad.

Water. – Daily line of steamships to New York, 5 steamers sailing to Boston every week, 3 steamers to Providence, R. I., every week, 3 steamers to Philadelphia every week, 2 daily lines to Baltimore. 2 daily lines to Washington.

This does not include river and inland navigation. Easy access to the grounds is assured by ferries, three electric lines, and steam lines.

[Letter of the Jamestown Tercentennial Commission.)


Washington, December 14, 1906. MY DEAR SIR: In response to the verbal request to the Committee on Industrial Arts and Expositions of the House, made to the Secretary of War for a report by the Jamestown Tercentennial Exposition Company, of $1,000,000, the Commission beg leave to submit the following:

The bill is practically identical in phraseology with the law which authorized the loan of $4,600,000 to the Louisiana Exposition Company.

Whether the proposed loan ought to be made is a question to be determined by the legislative department, and the best this Commission can do is to report the facts necessary to enable the Congress to reach a wise conclusion.

Unfortunately there is very little information on which to base an accurate estimate. Assuming that the claim of the board of governors relative to previous expositions is correct, the following facts appear:

The Trans-Mississippi Exposition at Omaha continued six months and had an aggregate attendance, in round numbers, of 1,800,000.

The Pan-American Exposition at Buffalo continued five months and had an aggregate attendance, in round numbers, of 5,300,000.

The Louisiana Purchase Exposition continued five months and had an aggregate attendance, in round numbers, of 12,800,000.

If the Tercentennial Exposition can be managed relatively as economically as the one at St. Louis and has a paid attendance of 3,000,000, it will be able to pay the proposed loan. What the attendance will be no one can foretell. The exposition is to continue seven months. There are many new and interesting features. There is to be a great naval display and a great military display. It is a seashore resort. The population that can reach the exposition in twelve bours is probably as large as that contiguous to any previous exposition, while one-half of the population of the United States can reach it in twenty-four hours. While the railroad facilities are not as extensive as at most of the other expositions named, yet seven trunk lines enter Norfolk. In addition to this, there are regularly established steamship lines to Norfolk from Providence, Boston, New York, Philadelphia, Baltimore, Washington, and Richmond. Several other lines of coastwise steamers touch at Norfolk, and, in addition, there are five trans-Atlantic lines, though of irregular sailings.

The board of governors report association and church meetings with an aggregate attendance of a little over 1,000,000 actually pledged. This is exclusive of military and semimilitary organizations from the several States and different colleges.

If the exposition should be a failure, the Government would doubtless suffer some loss; but in view of the important interests involved and the Government expenditures already made, the Commission considers the risk one that can reasonably be assumed.

If the bill should pass, the Commission recommends the following amendments: Line ?, page 4, omit the words "and in the same manner." Lines 8 and 9, page 4, omit the words “forty per centum of said gross receipts." Strike out from line 14 to line 19, on page 4, inclusive, the words "the Secretary of the Treasury is hereby authorized to supervise the collection and take possession of all said gross receipts and continue such supervision and collection until the full

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