Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-02-05
JUSTICE AND THE LAW.
The Attempt to Perpetrate a Gross
Fraud Nullihed by the su-
preme Court.
District Judge Seeds In the Election
Cases Ably Sustained-A Docu-
ment of Local Interest.

Appended is the supreme courts opin'
ion sustaining District Judge Seeds action
in the county election cases;
| In the matter OF the application Of
;,Ian + hn II. Sloan and leod"ro MARI Ha6ess cor
Francis Down, N B. Laughl
lin, Thomas NTH, ha ri In the supreme
$, sn % Burns counsel for pc court, court OF the ter
Z. L. Bartlett, solr gen., and Mexico, January
ior form tba tel1itoiy KnssSe counsel 'eFm' 1871
On the 18th day of January, A. D., 1891
on petition of John Fl. Sloan and Teodoro
Martinez, alleging in substance that petit
TONERS were unlawfully confined and re.
strained of their liberty by the sheriff OF
Santa Fe county, writ of habeas corpus
issued out of the court, directing Francis
co Chavez, sheriff of Santa Fe county, to
bring the petitioners before this court and
to show cause why petitioners should not
be discharged. The record discloses all Of
the proceedings had before Edward P.
Seeds, associate justice Of the supreme
court of the territory of New Mexico and
Judge of the lst judicial district court
thereof, of which the county OF Santa Fe
forms part, sitting in chambers in the
city of Santa Fe in said county in q GER
tain mandamus proceeding, No. 2S08,
filed November II, 1890, entitled "the
Territory OF New Mexico ex rel Benz amin
NJ. Read VS.. John Fl. Sloan, George l..
Wyllys and Teodor0 Martinez, board OF
county commissioners OF Santa Fe Coun-
ty;" and in certain proceeding by in
junction, No. 2SO9, filed November 12,
1890, entitled Benjamin M. Read, Jo-
seph B. Maye and Thomas B. Catron vs..
John Fl. Sloan, George L. Wyllys and
Teodoro Martinez" Upon the hearing,
January 20, A. D. 1891, no technical OBJ
jections were raised to the Formally of
the proceedings, but on the contrary,
counsel for petitioners denied the juris-
diction of the court over the subject
matter and power of the court
TO issue the process by which peti.
titioners were held, and contended that
the same was void.
The fact out of which this controversy
grows, are pretty fully stated in the ap-
plication for injunction, which is as fol-
lows:
Territory of New Mexico,
, 'ounty of Santa Fe.
ln the district court for the said county
Of Santa Fe, sitting for the trial of causes
arising under the laws of said territory.
To the Honorable Edward P. Seeds, Associate
Justice OF the supreme Court of said Territory
and Judge OF said District Court.
Bpnja NJ. Read, Joseph B. Mayo
and Thomas B. Catrcn, residents of said
county, bring this their bill of complaint
against John H. Sloan, George L. WHY'S
and Teodoro Martinez, also residents OF
said county, and show unto your honor.
Complainants were candidates at the
election held in said county on the 4th
day Of November, 1890, said Read and
Mayo for the offices of members of the
house OF representatives of the legislative
assembly OF New Mexico, and said Cat
ron for the office of member of the coun-
Gil of said legislative assembly, and as
such candidates were voted for by voters
of said county, and as shown by the
election returns, received majorities of
the votes cast for said Offices respec-
lively.
Defendants are the county commission
ers OF said county, and as such, are re-
quired by law within six days after an
election to publicly examine and count
the votes polled for each candidate, and
to forward to the persons who have re-
ceived the greatest number of votes
poIed at any election held for members
Of the house of representatives the cor
responding certincates of election; that
defendants have assembled at the
court house in the county of
Santa Fe for the purpose afore-
said, but have failed, neglected and
refused to count portion OF the votes
polled at said election for these COMPLAIN
ants, such portion being the votes cast
for complainants in the precincts of said
county numbered !, 2, 8, IL and l6 the
returns OF election from said precincts be-
ing before said defendants and in regular
and perfect condition.
The failure and refusal OF defendants to
connt said votes as shown by said returns,
will materially affect the result of said
rount so as to make it appear that per-
sons other than complainants have been
elected to said offices, although such is
not really the fact, and defendants give
out and threaten that they will make and
deliver or cause to be made and delivered
to such other persons certificates showing
their election 70 the offices aforesaid, and
complalnants believe that they will Ger.
tainly do 80 unless restrained by an order
OF this court.
If such certificates are 80 made and is-
sued to such other persons, great and
irreparable damage may, and probably
will, result to colnplsinants and to each
Of them, and to the public generally, and
the existence of such certificates may and
probably will, BIZ the cause of numerous
suits and vexatious and expensive litiga-
ton, as has heretofore been the case in
this territory under similar circumstances
AS soon as the said count by defendants