Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-11-21

By reason of the said peremptory writ,

By reason of the said peremptory writ
and in obedience thereto, it is hereby OF
dered that certificate of election, a
member of the legislative council of tn
territory of New Mexico, heretofore is
sued to Miguel Salazar, reciting his elec
tion to said Office at said general election
held on the 9Th day of November, A. Z
1894, was improvidently and by mistak
of law issued, without considering tn
votes polled for said Office in the count
of Guadalupe, and before the return o
certificate of such vote had been received
and for the said reason, and in obedienc
to the command of the said writ, the sale
certificate of election to the said office
80 issued and delivered to the said Migue
Salazar, is now hereby recalled, Cancelled
and declared null and void.
And it is now, in further complianc,
with the said peremptory writ of man
damus, further ordered, that whereas
since the issuing and delivery to the sait
board of county commissioners Of th'
aaid peremptory writ of mandamus, th'
said board has received from the board
of county commissioners of Guadalnp'
county or the clerk thereof,a "a certificate ant
authenticated return of the votes polled
in that county at said election for mem
bers of the council of the legislative as
sembly of the territory of New Mexico
as canvassed by the said board of county
commissioners of the said Guadalupe
county; and whereas it appears by th'
recitals of the said certificate, a copy Of
the said certificate, it is now hereby or
dered shall be entered of record by the
clerk of this board, that in the said coun
ty of Guadalupe for the said Office the
vote cast was as follows, to wit: For
James s. Duncan, 485 votes; for William
B. Bunker, 24S votes; for Miguel Salazar
239 xotes; for Miguel F. Desmarais, 1854
votes.
And it further appearing to the board
by the recitals of the said certificate and
upon the consideration of all the returns
of the said election, from the said county
of San Miguel, that the following named
two persons have received the highest
number of votes cast in the said two
counties of Guadalupe and San Miguel
for members of the council of the legis-
lativs assembly of the said territory, to
wit: James 8. Duncan, total in the two
counties of $500 votes, counting all the
votes cast for him in the said two counties
for member of the legislative council, and
Miguel F. Desmarais total of 1893 vote 8,
counted in the same manner, and the said
James 8. Duncan and Miguel F. Desma-
rails having, as shown by the said certif-
cate and the said election returns of the
county of San Miguel, the greatest num-
Der of all the votes cast for member OF
the council in said two counties, it is now
accordingly hereby entered of record and
ordered that there be delivered to each of
said persons, to wit: The said James s.
Duncan and the said Miguel F. Desmarais,
under the hand and seal of this board, a
certificate uf election to the said Office, to
each separate certificate showing that,
because he received the greatest number
of votes cast in the said two counties of
Guadalupe and San Miguel, that he is en-
titled to such certificate, under and in
obedience to the direction of the said
perem ptory writ Of mandamus.
, And tits further ordered that the clerk
of, this board make out and attesta cer-
titled COPY Of this order and file the same
In the above entitled cHdse, ~ the return
of the board to the said peremptory writ,
showing compliance to it's command.
And Il is further ordered that the said
clerk also make ont an additional certified
copy Of the above and foregoing order,
attested by the seal of the board, and
transmit the same to the secretary of the
territory of New Mexico, at Santa Fe, N.
M.
1, Charles F. Rudulph, clerk of the
probate court and ex. .officlo clerk of the
board of county commissioners in and for
the county of San Miguel, territory of
New Mexico, do hereby certify that the
above and foregoing proceedings OF the
board of county commissioners of said
county with reference to the several mat
ters herein mentioned, relating to the
election etc., of the members of the legis'
lative assembly of the territory of New
Mexico, are true and correct copy of
the proceedings had by the said board
upon the said matters on the date therein
specified, as the same stand on record in
this, my Office, in book No. 6, entitled
"Record of proceedings of the board of
county commissioners of San Miguel
county. N. NJ" commencing at page III
of said book.
Witness my hand and the seal of the board
of county commissioners, in and for the
county Of San Miguel, territory Of New
Mexico. this 22d day of November, A.
D. 1894.
(SeaD CHAs. F. RuDULpH.
=
Clerk of the Probate Court and Ex Oficio
Clerk of the County Commissioners Of
San Miguel County, N. M.
In obedience to the following self ex-
planatory documents, fled in the Office of
the territoril secretary on December 81,
1894, the oath of Office was Administered
to w. B. Bunker:
TERRITORY OF NEW MEXICO
County of San Miguel, I
In the Fourth Judicial distict.
The Territory ex rel,
Miguel F. Desmarias
vs.
Board of County Commissioners
of San Miguel County.
On this day this matter came on to be
heard upon the return of the board of
county commissioners of San Miguel
county to the peremptory mandamus
heretofore issued 10 this cause, where by
they were commanded to determine from
the certificate or return from Guadalupe
county and the returns Of the votes cast
in San Miguel county, counting all votes
cast therein, what two persons have re.
ceived the highest number of votes for
members Of the council, and to issue and
deliver to each of such persons certif.
cate of election as member Of the legisla-
tive council of the territory of New Mex.
ico from the second district com posed OF
the counties of San Miguel and Guada.
lupe. And the affidavit and motion on
behalf Of the relator alleging that such
return 10 untrue; and the rule on said