Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-06-11
THE CITY FATHERS.
Mr.. McCabe Declared the Legally
Elected Member from the Sd
Mathematician Bart
lett Tenders His
Resignation.

special meeting of the city council
was held on Saturday night. Mayor j H
Sloan presided and all the councilmen
we're present.
Councilman Victory presented the ma
jority report of the committee appointed
to take testimony in the election contest
case of McCabe vs.. Cartwright. 1t was
signed by himself and Councilman An
drews.
The report gave an exhaustive account
of the contest. 1t placed the official re-
turns of the councilmanic election in the
Sd ward as follows: Whole number of
votes cast 24S, of which number Cart
wright received 1875 and McCabe 1913,
making majority for Cartwright of 2.
The report alleged that six illegal votes
we're said to have been cast for Cart
wright, but the committee found only
four had been illegally cast and they were
ballots cast by Victor Garcia, Harry Os-
trander, E. N. Henderson and John Gus
ter. Therefore the whole number of legal
votes cast was only pa, McCabe receiving
1913 and Cartwright 12l, giving McCabe
majority of instead of Cartwright.
Councilman Victory concluded his report
by Offering resolution seating McCabe.
Councilman Bartlett presented the
minority report signed only by himself.
The report averred that the number of
votes cast for Cartwright YVES 124 and for
McCabe 1872. The report set out that
even were all the alleged illegal votes cast
there was not a scintilla of evidence to
show for whom they were deposited in
the ballot box. Numerous authorities
were quoted to establish the validity of
the assumption of the minority and to
show that the burden o. proof of change
of residence, making an illegal vote,
rested with the contestee. Councilman
Bartlett claimed that no such proof had
been secured and hence inasmuch as
Cartwright had been given certificate
of election by the city clerk and had
acted in the capacity of councilman since
the election, he should not now be thrown
out. Gen. Bartlett moved that the ques-
ton be laid over until the next meeting
in order to give the council ample Oppor-
tunity to further investigate the evidence.
He made strong plea in behalf of this
motion.
Councilman Victory opposed the mo-
ton. He said nothing could be gained
by delay and therefore wanted the matter
acted upon Immediately. The motion
of Councilman Bartlett was lost by the
following vote: Yeas, Bartlett, Conway
and Ortiz y Salazar; noes, Andrews, Eas.
ley, Delgado and Victory.
Councilman Bartlett then moved that
the testimony be all read and it was sec
onded by Councilman Easley. The mo-
ton prevailed, Councilmen Conway and
Victory voting in the negative.
The testimony consisted of fifty-three
pages of closely written typewriter mat
ter and it took the clerk, who was as
sisted in turn by Councilmen Bartlett and
Victory, nearly two hours to read it,
At the conclusion of the reading Coun-
Gilman Delgado moved that the majority
report, seating McCabe, be adopted.
COUNCILMAN Bartlett moved as sub
stitute that the minority report, seating
Cartwright, be adopted.
Councilman Easley said he believed the
majority report was the one to accept,
yet he could not refrain from saying that
it was unfortunate that this controversy
had arisen. He had no personal or
political feeling in the matter and simply
supported the ma jority report through a
sense of duty.
Councilman Bartlett's amendment was
then put and lost: Yeas, Bartlett, Conway
and Ortiz y Salazar; nos, Andrews, Del
gado, Easley and Victory.
Councilman Victory's original motion
was then put and carried; yeas, Andrews,
Delgado, Easley and Victory; noes, Bart
lett, Conway and Ortiz y Salazar. Ac-
cordingly the majority report declaring
Mr.. McCabe legally entitled to the seat
was adopted.
Following this action Councilman Bart
lett handed in his resignation as council
man from the 4th ward to the city clerk and
the same WAS read, creating much sur
prise.
Gen. Bartlett insisted that it should be
considered Immediately, saying that he
believed his usefulness as member of
the council was at an end. Councilman
Conway replied that he was not treating
his constituents right and insisted upon
its going over.
Councimen Victory, Easley and An
drews all spoke feelingly on the matter,
extolled the good work of Gen. Bartlett
as member of the council and asked
that the matter be laid over, all express
ing the hope that he would withdraw the
resignation. The matter went over to
the next regular meeting.