Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-11-18
Must Count En- .

affect the result. Each OORtu Is u
receive the returns transmitted to 1t, II N
iue form as correct and ia TO ascertain
and declare the result as shown by 6aid
returns, and if other matters are intro
duced INTO the returns THAI those which
lie law provides, they arc to that extent
unofficial and such statements must be
lisregarded," It will be noticed that the
returns must be in due form, this has
reference to the returns, not to the man
ner OF transmission.
Paine on Elections, section 6O3, fully
3usta!ns this view OF the law, saying
Tho duty OF county CanvasserB are gen
orally ministerial. The canyassers are to
De satisfied OF the genuineness OF the re-
turns that is, that the papers pfesenteG
to them are not forged or spurious, that
they are returns and are signed by the
proper officers, but when so satisfied they
may not reject any returns because OF m
to~maties therein or because Of Illegal or
fraudulent practices i'll the election.
Their QUASI judicial functions do not eX-
tend beyond an inquiry into and deter
mnatiOn Of the regularity aud sutilclency
Of the returns themselves. Thauhe due
form Of the returns does not mean abso-
luirly agreement with every direction OF
the statute is implied by section 1870 OF
the Compiled Laws which provides tor
Furnishing commissioners no mallciously
throN out returns sufficiently legal.
My conclusions as to the powers OF aCan-
vassiug board in this territory, are LIST;
( that tor the purpose OF counting return
which the hoard has before them and
Q - . vol ~ 1NnE ~
ministernlly solely; ID That they are to
use their common sense, under the ordt-
nary prcsumptiOns OF law, that officers
! have performed prescribed duties 10 as
certain whether an alleged return before
| them Is or Is not sufficiently legal return.
, Sd. That return which is before them
| purpOrting to be o correct return, with
nothing upon its face to inpeach its gen
uineness and With no porson,allegins Sre'
officially that it is false or fraudulent,
should be counted.
18th. That return made ont OF the
regular prescribed course to the board
where the statute by express terms does
not luyalidAte the return so made is
legal return unless the fact OF suCl
method Of making the return awakens
case thew are in duty hound to make suf
fcicnt inquiry to ascertain its exac
status. But if they can find nothing i'm
peacbing the return but the irregularity
of its transmission then It must be can
yassed.
The second question which now pre-
sents itself in view Of the above conclu
sions IS, what ought the board to have
done with the alleged returns from pre-
cincts Nos. !, and lG, Their genuine
ness except as an inference from their
mode OF transmissious is not questioned
they are excepting possibly the one from
precinct No. Is in due form, they are
sufficiently legal, hence every demand OF
law and individual rights empbatically
call for their being canyasSed and count
ed.
In State vs.. Hill, % North Western
Reports, page 260, the court says: IAN
prescriptions are IN favor OF the returns
and unless it is shown that they are
fraudulent, not i'll fact returns, 1t is the
duty OF the board to canvass the votes so
returned" The fact OF their fraudulent
character must be shown, not inferred.
1t has not been done in this case, hence
the returns are prepmed genuine and
must be counted.
! However, in argument COUNCIL Tor
respondents commended strenuously that
as the poll books from precinct No.
lG had not been kept in accordance with
the requirements of section 1l3l OF the
| Compiled Laws in that the names OF the
voters were not transcribed in said poll
books, and tally of who they voted for
therefore the return was imperfect, in
fact he return.
The certificate WAS properly made out,
it purported to tell how many votes were
cast and for whom cast. Is it an Illegal
return
! could pre- baby waive the point by
saying that it was not plead as Il reason
Tor rejecting the return by the respon-
dents, bat as under section Is of chapter
1875 OF the laws of 1889 it is possibly
made my duty to be satisfied in regard to
the returns, will pass upon it.
In Bull VS.. Southwick n. NJ, 35}
Justice Bristol said "the poll books OF the
several precincts with the proper Ger
titicates attached and so filed out consti
tute the returns of the judges OF cleo
ton to be transmitted to the canvassins
board"
1t may be said here that in this case
the question as to what were really re-
turns was not before the court, and hence
the definition here given was in aid o.
the learned judges argument and not in
tended TO he legal and exclusive de-
hnltlOn.
Though | should give it the proper
weight coming from the source it does
| am not bound by it. Undoubtedly the
return from which the canvassinl
board draw their conclusion is the
poll book and certificates, but
| it is the certificate signed by
the proper officers which gives
the return validity. Prima facie then the
certificate is the return, if from that they
can arrive at result and nothing calls
their attention to any error in it, the board
can and must declare the result. The
tally list is only intended for corrobora
tive or explanatory purposes, except ii
cases OF contest, when it may be used tt
show how person voted.
Judge Williams in Day vs.. Kent,
Oregon 1913, remarks: evidence fol
those wishing to contest an election which
is the poll list, is one thing, evidence fol
the county canvassers which Is the certi
fcate, is another and different thing
The board had the proper evidence be-
fore them, the face Of the returns showed
who received the votes and as there is ne
suggestion OF fraud the vote Of that pre-
cict could not be rejected, without in
yading the rights'of the people, candidates
and parties entitled to the certificate.
Did the board properly refuse to count
the four votes alleged to have been cast
for Benjamin NJ. Read in precinct No
II? The certificate is plain upon its face
but the attention OF the board was called
to the fact that certain columns in the
tally list were not properly added, il GER
tam persons whose names there appeared
| vat cd That thu hoard had q fipht and