El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-09-24
REFUSED
TO ACT
County Commissioners Stand
In the Way Of Decent
Elections.
THE Law INEFFECTIVE
Under the Queer Construc.
ton Put Upon 1t BY Judge
Harper and Attor.
ney Clark.

| The 40 journed called meeting of the
county commissioners for the purpose
Of selecting q registrar of the voters Of
Ell Paso county, was not held at 10
O'Clock today as per schedule.
| The reason for this Is simple: the
commissioners did not get together at
the appointed hour. 1t required three
mem bers of the board besides.the coun.
| ~ judge for a quorum, but at 1Oo'clock
only Judge Harper and Commissioner
Armendariz we're present. Attorney
Howe and Maurice McKelligon we're
also present, as we'll as j. II. Nations
and his attorney J. II. Harper. Mr..
Nations was there to get the authority
of the commissioners to constructs Q
road in the county near his ranch.
After a long delay it was decided
to postpone the meeting until IL
O'Clock. When thai hour arrived
Judge Harper was on the bench in
the county court room trying q ca e
and although commissioners Garcia
and Courchesne had put In an appear
snce and . quorum could ce had
it was decided to again
postpone the session until o'clock.
This decision was reached after Q con-
sultation with Judge Harper, who was
anxious to flash the case before him
without interruption.
The county commissIonsrs after
hearing the legal opinion of Hon.
Leigh Clark this afternoon decided
that the court had no right to fill the
vacancy now existing in the office of
county registrar and declared the law
imperative and void.
When the com missioners assent bled
at O'Clock the room was crowded with
spectators and lawyers. Among them
was notorious Charley Patterson, the
king of the second ward and other
vote russlers. After passing on some
routine matters the question of sp-
pointing q registrar to succeed Frank
B. Simmons was taken up.
Hon. Leigh Clark and Hon. w. NJ.
Coldwell had been asked to enliehten
the court with legal opinions on the
subject. Mr.. Clark proceeded to do 90
but Mr.. Coldwell declined under the
circumstances to dsbble in the
matter.
BE was excused.
Mr.. Clark produced several law
books and read from the statutes snd
decisions of higher courts.
"The law says," said he, ''that you
have . right to appoint q registrar but
it has made absolutely no provision for
filling q vacancy"
When be had finished Judge Har-
per, the presiding officer of the court,
was asked for his opinion. He said:
81 think for the reasons given by
Mr.. Clark and for other reasons that
this law is imperative"
Attorney Howe asked permission to
PROFOUND . question to the court. He
wanted to know if the statuts did not
clearly state that upon the petition
OF 500 citizens registrar was to be
appointed and registration of voters
provided for?
''If, said he, the power is confer
red upon this court to grant the peti.
tion of 500 psople for registration,
then this court has the power to
appoint = registrar"
Maurice Mckellieon wanted to know
when the commissioners expected to
take actlon-if the vacancy was to be
perpetual.
Judge Harper sreplled that in his
o )iuiOn no registrar would be aupofnt.
ed Until another set OF commissioners
had been elected.
After further talk Mr.: Howe asked
that the courts ruling be made a
matter of record. Mr.. Courchesre
declared that the court had done moth
Ing, only deolir ed to act. but Mr.. Clark
stated that it would be best to reduce
the ruling of the court to wrilpg as
Mr.. Howe might want to apply to