Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-02-05

proper and frandu'pnt certificates OF eleC
ton hereinbefore described.
Com mplainants therefore pray that de
PENDANTS be restrained and enlOned by al
injunction OF this court from making ant
delivering or ordering or causing to b'
made or delivered auy certificate OF elec
ton to either OF the offices hereinby for'
mentioned, to any person or persons
other than these Complalnants, and IRON
making or causing to be made any recort
of the result of tuelr canvass OF said elec
ton returns, until the further order OF th'
court in the premises.
May it please your honor to grant unit
complainants the writ Of subpoena under
the seal of this honorable court, directed
to defendants John II. Sloan, George L
Wyllys and Teodoro Martinez, command
my them and each of them to appear be
fore this court ON day and under d pen
atty to be therein fixed, then and there tt
answer unto the premises, as fully as
the same were here repeated and they
particularly interrogated thereto, but no
under oath, an answer under oath being
hereby expressly waived, and to abide
the order or decree OF the court in the
premises. BENJAMIN M. READ.
Territoiy OF New Mexico,l
County of Santa Fe.
On this 18th day of November, A. d.
1890, personally appeared before me, Ben
jamln M. Read, and made oath that he
had read the foregoing bill by him sub
scribed and knew the contents thereof
and the same is true except as to matters
therein alleged upon information and be-
Iiaf nd tp
it to be true.
Witness my hand and the seal OF
the District Court OF the lst Judi
cial District Of the Territory of
New Mexico, the day and year
last above written.
Seal A. l.. WALKER,
Clerk Dist. Court.
The writ of injunction is az follows:
The Territory of New Mexico.
To John II. Sloan, George l.. WHY'S
and Teodoro Martinez, Greeting:
Whereas Benjamin NJ. Read, Joseph
B. Mayo and Thomas Catron have filed
in the district court for Santa Ee county
their bill of complaint against you, pray
ing to be relieved touching the matter
therein set forth,
Now therefore you, the said John Fl.
Sloan, Gsorge L. WHY'S and Teodoro
Martinez. both individually and as mem
bers OF the board OF county commission
ers OF Santa Fe county, vour agents, ser
wants, employees and advisers are hereby
restrained and enjoined from making or
delivering, or ordering or causing to be
made or delivered any certificate of cleo
ton to the offices OF member of the house
of representatives of the legislative assem-
bly, OF the territory OF New Mexico, and
of member of the council of said legisla-
tive assembly, to any person or persons
other than said Benjamin M. Read, Jo-
seph B. Mayo and Thomas B. Catron,
and from making or causing to be made
any record of the result of your canvass
OF the election returns Of the election held
in said county of Santa Fe on the 4th
day OF November, 1890, until the further
order OF said district court in the prem
lseS.
Witness the Honorable Edward P.
Seeds, Associate Justice of the
Supreme Court OF the Territory
of New Mexico, and Judge of the
lst Judicial District Court there
OF, and The seal of sd! District
Court this 18th day of November
1890.
Seal A. E. WALKER,
Clerk.
The injunction not having been dis
solved, but remaining in force, two atfi-
davils were fled in the cause, setting
forth the disobedence to the writ of in
junction by two of the said county COM
mlssioners, John H. Sloan and Teodoro
Martinez. Thomas B. Catron, one of the
COM plainants, filed his petition setting
forth the violation of the injunction by
two of the commissioners, Sloan and Mar
tinez, and prayed that they SHOULD be
punished for contempt. The court Or
dered Sloan and Martinez brought before
the court by attachment, and upon hear
ing, they were each fined in the sum of
5000 and costs, and ordered to be impris-
oned in the county jail until fine and costs
were paid.
The petitioners refused to pay the fine
and costs assessed against each OF them,
and we're put in Jail by the sheriff. To
avoid payment OF the fines assessed and
costs, and discharged from imprisonment,
petitioners have sued out this writ Of
habeas corpus.
Inc law governing the man0amuS pro-
ceedings in this case is section Is OF chap
ter l35, laws OF 1889, and took effect Feb
ruary %, 1889.
In compliance with that section, Mr.
Read filed his sworn petition on the 18th
day of November, 1890, alleging the re-
fusal of John H. Sloan, Teodoro Martinez
and George L. Wyllys as such canvassing
board to count the returns from certain
precincts named, and the court granted
an alternative writ OF mandamus, requir-
ing the canvassing board to proceed to
either canvass the returns from the pre-
cincts named, and declare the result, or to
appear in person forthwith before said
district court, and that they bring with
them all of such returns and all of the
returns or papers purporting to be re-
turns.
The board, accompanied by counsel
appeared before the court on the following
day and filed an answer stating in fu
their reasons for declining to canvass the
returns and declare the result as directed
by the court and asked TO be discharged
On application of counsel for the relator
peremptory writ of mandamus, as to th,
canvassing of precincts l, 2, l6 and 8, wa
issued November l3, 1890, returnabl