Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-01-11
HOUSE.
To-DAY'S SESSION.

WIS SlSllcu ny Tie pIeSlueHt.
Adjourned to 80 p. M.
HOUSE.
To-DAY's SESSION.
When the house had duly organized
for business this morning Mr.. Speaker
Fountain announced with much feeling
the sad intelligence of the death of Rev.
w. r. Kistler, the respected father OF
Representative w. d. kistler, of San
Miguel county, and the house granted
Mr.. kistler leave of absence to return
to Las Vegas.
Mr. Mascareneas, OF Mora county, a
member of the committee on privileges,
presented a minority report in the contest
case from San Miguel, and the same was
read in English and Spanish.
Pending this reading message from
the council announced the passage by that
body of c. B. No. rs, Gan act providing
for printing reports, journals, etc." and
asking the concurrence of the house in
the council amendments. Accordingly
the rules were suspended and the council
amendments agreed to-
Mr.. Romero, of Bernalillo county,
moved the adoption OF the majority report
seating Mr.. Garcia and ousting Mr.. Mar
tinez.
Mr.. Mascarenas, OF Mora, moved the
adoption of the minority report.
MIR. Martinez arose to point OF order
and said such motions must be held over
till the contestant and contestee had
presented their respective claims rs
agreed upon by the house yesterday.
The speaker said the motions to act
upon the report were in order, and Mr..
Romero, in behalf of majority OF the
committee Oh privileges and elections, re-
newed the case and explained how the
committee had proceeded to examine the
testimony and reached the result that Mr..
Garcia had been legally elected.
Mr.. Martinez asked that Mr.. Garcia be
invited to lead Oft in stating his claims to
the seat
MIR. Mascareneas spoken behalf of the
minority report and said lie had found
that Mr.. Martinez had plurality of votes
over the contestant, and he held that the
Priclard- Veeder case in the council was
wholly unlike the case now under consid-
Grafton, and he appealed to the house to
sustain his minority report.
Mr.. Martinez, the contestee, said he felt
| he vas before the house as before q jury
for fair play. He said the contestants al,
legations of fraud were wholly without
leg to stand upon; he charged that the
minority's report was word by word the
argument of Mr.. Garcia's attorney before
the committee; an& that this report was
simply copy Of the senate committees
report in the contest case of Prlchard vs.
Veeder. He took the list of 1856 voters al
legged to have been cast for him and were
not registered, and read q number of the
names, contending that their similarity
was quite sufficient to justify the voters tC
cast their ballots under those names.
Mr.. Foster said he was surprised that
any one having read the complete eyi
dence should assert that it had no bearing
upon the case, and he read sample ex
tracts from the testimony to show forclbly
the evidence applied to the cause under
consideration. He said precinct % haC
given Mr.. Martinez a majority OF thirty
six and that according to the undisputeC
testimony before the committee the people
who cast these votes were residents Of
Mora county and these votes could never
have been legally counted for Martinez
In going through the evidence he had
discovered twenty-eight other votes in
precincts outside of No. 70, which were
illegally cast for Mr. Martinez, and he
| went on to detail at length other frauds,
such as voting unnaturalized citizens, and
non-residents, etc., and he said that in
his opinion any reasonable man could not
but conclude that Mr.. Martinez occupied
his seat as the result OF intimidation at
the polls in San Miguel county, and fraud
of varied natures.
Mr.. Martinez here took issue with Mr..
Foster and debated his assertions at
length, going into details with view to
showing wherein the contest of Garcia vs..
Martinez differed from the case of Prich-
ard VS.. Veeder. He alleged that neither
of the political parties could truthfully be
charged with premeditated fraud in San
Miguel.
Mr.. Spiers moved to adjourn to p. m.
Division called for, and the motion adopt
ed by vote OF ayes IL nays ~.
GARCIA STATED.
At 3 40 the majority report OF the COM
mittee, seating Mr.. Garcia instead of
Martinez, was adopted by vote of 10 to
7, Mr.. Kistler absent. Mr.. Martinez at
once retired and was met at the capitol
entrance by large crowd of citizens
headed by brass band, when process
sion was formed and the streets paraded.