Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-07-22

Gov. Prince to-day mailed letter to
| the Lincoln county board OF commission
ers of which the following is copy:
EXECUTIVE OFFICE, !
Santa Fe, n. NJ, July %
Messrs. Michael Cronin, Thomas W. Henley aud
Ananias Green, County Commissioners OF Lin
coin County.
Gentlemen: An official letter from the
probate clerk OF Lincoln county to the
secretary OF the territory states that "the
county commissioners have refused to call
an election and appoint judges, etc"
Chapter 90 of the laws OF 1889 Of the
territory provides for the holding of
constitutional convention, and section
of said act contains specific directions as
to the method OF election OF the members
of such convention. BY this act the
county commissioners OF each county are
required to perform various acts both be-
fore and after the election. Among the
duties thus imposed is this: "The sew
eral boards of county commissioners of
the several counties OF the territory are
hereby required to issue notice of such
election and the number OF the delegates
to be chosen from the county"
They are also to design"te voting places
and appoint judges OF election.
1t is the above plain provision OF the
law that the probate clerk states that you
have neglected to comply with. 1t is
scarcely to be supposed that you were
ignorant OF this requirement of the statute,
as it is OF course the duty of public officers
to acquaint themselves with the acts OF
the legislature which affect their particular
positions, but it is far more incredible
that having knowledge of the law you
should wlfully violate it.
In either case my duty is plain. The
governor is sworn to see that the laws of
the territory are faithfully executed.
therefore notify you of the existence
of this law in order that you may perform
the duty therein imposed upon you.
While the time fixed by the statute is
passed, yet that is not OF vital importance,
and by an immediate compliance with
the law you can practically atone for the
previous neglect.
If your non-action has been willful, then
call upon you now to do your duty. The
language of the statute is plain and is
mandatory.
This is not matter of discretion but
of the simple performance of an official
duty absolutely imposed. Nothing could
be more distinct. "The county commits
sioners are hereby required to issue
notice" Here is no room for doubt or
hesitation or misinterpretation. The
duty is distinctly set forth and its per-
Torrance required. 1t is not for you or
me or any official to consider the expe-
dlency of laws; we are simply to perform
the duties which they impose upon us.
While this obligation is legally the
same in all cases, yet can not but re-
mind you OF the special fiagrancy of such
violation as you have apparently pro-
posed. The right of suffrage lies at the
foundation of Republican government.
To deprive citizen of it is to do him an
irreparable wrong. Yet your action, if
willful, was an attempt to disfranchise the
people of whole county, and deprive
them of their right to be represented in
the formation of the government under
which they are to live. 1t would be diff
cllt to conceive more dangerous attack
on the dearest rights of free people.
If the county commissioners had power
to disfranchise the citizens OF their entire
county this year, OF course they could do
it at any other election, and thus the
right of the people to representation in
the government and to the free choice Of
their officials Would%be subject to the
caprice OF three men who could per-
petuate their own power by preventing
the election of their successors.
This must be the theory on which you
have acted if you have done so willfully,
supposing that by refusing to give the
legal notice and to perform your other
duties as to judges, ETC., you could pre-
vent any election being held, and so de-
prive the people Of their right to vote.
Practically this is not true, for citizens
can not thus be robbed Of their right Of
suffrage, and our territorial law specifical-
ly provides for the carrying on of cleo
tons when no judges are appointed by
the commissioners. But the fact that the
violation Of law would not effect the re-
suit intended does not lessen its ilegality.
1t would deprive the people of the reg
ular, orderly method of holding an cleo
ton unto which they are entitled.
l call upon you therefore to obey the
law relating to the approaching election
and to perform the duties which are i'm
posed upon you by its provisions.
l.. BRADFORD PRINCE, Governor.
OFFICIAL AND OTHERWISE.
The full text of Judge Whiteman's de-
cision in the case of Coler VS.. the Santa
Fe county board, will be published in
these columns tomorrow It's worth
reading.
Nicolas Quintana, Hipolito Domingues,
Jose Limo Montoya, Francisco Romero,
represented, Anastacio Sandoval, Juan
Monies y Vigil, James E. Swain, L. H.
Dunbar, Librado Valencia, w. NJ. Tabor,
Juan Otero, Agustin Mestas, Jose Amado
Lucero.
The postal department has notified Gov.
Prince that new post offices have been
established at Dorsey station, Colfax
county, and Detroit, Dona Ana county.
Also that postofiiers have been appointed
At Taos, Miguel Tafoya; Vellecetos, Rio
Arriba county, Ascension Giron; Pinos
Altos, l.. B. Robinson.
The Republican county convention ap.
pointed the following named to constitute
an executive committee to have charge OF
the statehood campaign in this county
Benz. NJ. Read, h. e. Twitchell, Atanasic
Romero, W. H. Kennedy, Antonio Jose
Rael. The following were named to look
after similar matters in their respective
voting precincts:
|
MI