Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-11-20
~ Judge B. S. Bakers Decision
In.Socorro County Election Cases.

in the hands of the county commits
sioners to nullify and set for naught
section 1881 just quoted. The county
commissioners have no authority to ap.
point judges of election, except as the
power is given them by virtue of the
statute. II no statute giving the pow
er to appoint, then no power to ap-
point. II no law authorizing county
commissioners to fill a vacancy, then
no power to fill the vacancy. And there
Is no implied power to fill a
because there is an express statute
that provides that the people at the
time and place of holding the election
shal fill such vacancies, as have oc-
Cured in the boards OF judges of cleo
ton. 1t 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 Socorro county after
they had appointed the three judges
of election had no power to accept res
ignations or to fill vacancies; that pow
err being expressly given to the voters
at the time and place of opening the
nnllS nn tho dau nf fhn n1opfinn md
whereas. the electors at the time and
place of the opening Of the polls Sc
lected or appointed three judges of
election to conduct the election in said
precinct, they are the legally consti-
tuted 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
Their, that the judges of election, of
which was only appointed by the board
Of county commissioners in the first
instance, and the others appointed
thereafter to fill 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 the District Court, Second Judicial
District, County of Bernalillo. No.
1927.
Abran Abeytia, ct al, VS.. John Green
wald, ct al.
This cause coming on to be heard
upon the application Of the plaintiffs to
amend their complaint. the court, hear
ing the arguments of counsel and be-
ing fully advised in the premises,
grants such leave.
And this cause coming on for further
hearing upon motion Of the defendants
to remand this cause to Socorro coun-
ty, the court after hearing the 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 be fur
they heard upon the motion of the de-
PENDANTS to dissolve the injunction,
after argument of counsel, the court
being fully advised in the premises,
overrules said motion; to which action
of the court the defendants duly ex-
copied.
And this cause coming on to be fur
Their heard upon the demurrer Of the
plaintiffs to the answer of the defend
ants, after judgment of counsel, the
court being fully advised in the prem
Uses. sustains said demurrer in part;
to which ruling of the court the defend
ants duly excepted.
Upon further consideration of the
said cause, and upon consideration of
the pleadings and the evidence in the
case the court finds that the ballot des-
~ignated as the straight republican"
ballot of the said county of Socorro
was regularly adopted by the republi-
can county convention of the said coun-
ty, as provided by section 1888 of the
compiled laws of New Mexico of 1897,
the device on said ticket thus adopted
being the American flag; the court fur
Their finds that after the adoption of
said device by said convention there
was a convention composed of persons
denominating themselves as "indepen-
FOOD TO USE