Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-06-08
THE SCHOOL ELECTION.


As there has been considerable com
plant in the matter of the school elections
In the old town recently, some people
thinking that the judges of election acted
unwisely and unjustly in the matter
please grant US, the judges Of election,
4 space 10 your valuable paper for an ex-
PLANTATION.
| In order to relieve us Of responsibility
under the law we wrote to the Honorable
Thomas Smith. Chief Justice, the follow.
ing communication, which was delivered
before O'Clock a. IN. and read as fol-
lows
Hon. Thomas Smith, Chief Justice
DEAR SIR-We are now conducting an
election for school directors for this dis
trict. Sec. 10, Chap. 25 of the session laws
of 1891 provides that ''Only legal voters
residing and paying taxes in said district
shall be qualified to vote at said election -
| 1t has been customary, heretofore, to
permit all citizens to vote at these cleo
| tions, be they taxpayers or not, and to
| want to enforce the referred law, as ia
natural, has caused general dissatisfac-
tion and disgust among the citizens of both
political parties, and to relieve ourselves
from responsibility and comply with the
law, we desire your honors opinion. II we
are justified in following this custom, and
permit the voting as 1t has been heretofore
done, notwithstanding said law.
Very respectfully,
M. G. DE BACA,
ENRIQUE ARMIJO,
j. M. TAFoYA.
School Directors and Judges of Election.
The Hon. Judge Smith at once answered
by a verbal communication, that the cleo
T. 10 hat tno
lawsrequired, and, furthermore, not to per-
NIT any person to vote that was not tax
payer over aHd above the exemption of
500, until the court gave its decision ju-
upon an application being pre-.
pared 20 be presented to him. This COM
was received by us at 8 a. m.
and consequently we continued said cleo
tion under the provision of said order and
law, though against our own personal de-
sires, until after 4 o'clock p. M, when we
received the following communication
from the judge:
LAS VEGAS, N. M June 1st, 1896.
NJ. C. de Baco, Enrique A1mio, j. NJ. Ia
: toya, Judges of Election, School Dist. No.
4, Las Vegas, N. NJ:
GENTLEMEN:-Ita appearing that section
29l8, of the compiled laws Of 1854, assess
ing tax upon all able bodied male In.
habitants of the Territory, over the age of
twenty one years, and epproI Rating said
tax to the school fund, Is yet in existence.
1t is legitimate to conclude that Sec 10,
OF chapter 3d. of the laws OF 1891, pro-
scribing that on'y legal voters residing
and paying tax in said district shall tie
qualified voters to vote in said election,
but does not exclude any tax payer of
twenty one years and over, because as all
the v tiers assessed with such taxes are
therefore required TO contribute with the
sum of one dollar to the school funds and |
consequently should have a voice In the /
selection OF the officers that dispose OF said |
funds, it follows, therefore, that all per-
sons above the age of twenty-one years,
and Territory : are entitled to vote for |
school directors. provided the person |
voting should reside in the school district. |
4 Very respectfully.
THoMAs SMITH.
This last communication relieved us |
from all responsibility and consequently |
received from thence for ard, until the |
close OF the election, the vote OF all per-
sons entitled to vote under said order, and |
we are entirely conscious of having COM
piled with our duties aud have no more to |
say. Let the people judge ii there was !
any attempt on our part to deprive The \
legal voter Of the right of suffrage.
Respectfully,
M. G. DE BAGA,
RNRlQUE AsiiJo,
J. M. TAFoY1,