Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1902-11-22
- Judge B. S. Bakers Decision
In socorro County Election Gases.

In the hands Of the county commits
sioners to pullify and set for naught
section 1881 Just quoted. The county
have no authorit. to ap-
point judges OF election, except as the
power is given them by virtue OF the
err to appoint. then no power to ap-
point. II no law authorizing county
commissioners to MI a vacancy. then
no power to fll the vacancy. And there
Is no implied power to All vacancy
because there Is an express statute
that provides that the people at the
time and place OF holding the election
shall all such vacancies. as have oc.
Cured in the boards Of judges Of cleo.
| ton. II Is presumed that the county
commissioners will appoint such per-
sons as are designated by said section
1887; that is. they shall appoint per
sons OF discretion and good character"
and In order that we may have persons
and that they shall not neglect to do
their duty. It makes It a penalty for
! them to neglect and refuse to do so.
For the reasons given am of the
opinion that the board Of county com
missioners Of Sccorro county after
they hal appointed the three Judges
of lection had no power to accept res.
ignat ons or to Ill vacancies that pow
or being expressly given to the voters
at III, time and place OF opening the
polls ~ the day of the election and.
who eas. the electors at the tine and
place Of the opening OF the polls Sc
| lecteI or appointed three judges OF
election to conduct the election In said
precinct. they are the legally consti.
tuteh judges of election and had the
right and authority to hold the cleo
ton and TO make returns thereof to the
said county commissioners. and It was
the duty OF said commissioners to can
vass the returns OF said judges OF
election And | am OF the opinion. fur
ther. that the judges OF election. one of
which was only appointed by the board
OF county commissioners in the frst
instance. and the others appointed
thereafter to I'LL vacancies. acted en-.
tirely without authority OF law, and
that their returns as against the re.
turns Of the regularly appointed and
elected judges OF election by the voters
at the time and place OF holding the
election are illegal and void, and
should not be canvassed by the can
vasing board OF said county.
b. s. BAKER, Judge.
!, In A totr irt trt CaannA vuAfntA1
District. County of BerralIilo. No
6227.
Abran Abeytia, ct al, VS.. John Green
wald. ct al.
This cause coming on to be heard
upon the application OF the plaintiffs te
, amend their complaint. the court. hear
ing the arguments OF counsel and be
ing fully advised in the premises
, grants snch leave.
And this cause coming on for further
hearing upon motion OF the defendant,
| to remand this cause TO Socorro coun
. ~. the court after hearing :he argu
. ments OF counsel and being fully advis
ed In the premises. overrules said mo
ton. to which action OF the court the
defendants duly excepted.
And this cause coming on to he fur
) they heard upon the motion of the de
PENDANTS to dissolve the injunction
, after argument Of counsel, the cour
, being fully advised In the premises
. overrules said motion; to which actor
! of the court the defendants duly ex
cepted.
, And this cause coming on to be fur
Their heard upon the demurrer OF thu
, plaintiffs to the answer Of the defend
: ants. after judgment Of counsel, thu
I court being fully advised In the prem
I ises. sustains said demurrer in part
3 TO which ruling Of the court the defend
\ ants duly excepted
5 Upon further consideration Of thu
+ said cause. and upon consideration o
b the pleadings and the evidence In thu
4 case the court finds that the ballot des
. ignated as the straight republican
!. ballot OF the said county Of Socorr'
+ was regularly adopted by the repnbll
can county convention OF the said coun
e ty, as provided by section 1888 of tn
I compiled laws Of New Mexico OF 1897
D the device on said ticket thus adopte'
!. being the American flag; the court fur
r Their finds that after the adoption o
\ said device by said convention Their
was convention composed OF person
0 denominating themselves as "indepen
= dent republicans" OF said county which
| rouyentiou adontad n device cOuStitui
o Ing the American flag. streaming in al
n opposite direction from that adopted b,
:. the regular republican convention, AM
J. OF practically the same size and inclos
y ing the said flag so adopted by the In
!. dependent republican convention in
r square made Of very light black line
a and containing also In practically tn
!. same style and type OF letters and II
Z the same place. as in the republican