Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-11-20

Ch Nv oPDlt1oNiOh VI " alithu
his complaint, the court, after hearing
the arguments of counsel, and being
fully advised in the premises grants
said leave.
And this cause coming on for further
hearing upon the motion of the respon-
dents to remand this cause to Socorro
county, the court, after hearing the ar
guments of counsel and being fully ad-
vised in the premises, overrules said
motion; to which action of the court
the respondents duly excepted.
And this cause coming on to be heard
upo the pleadings and the evidence,
and after arguments of counsel, and
the court being fully advised in the
premises, the court finds that the cleo
ton board of precinct number seven of
said county of Socorro, composed of
Lauro Remeriz, Jose Nj. Montoya and
Abel Chaves acted without authority of
law; and the court finds that the cleo
ton board of precinct number seven of
said county, composed of Antonio ]. y
Baca, Luis Vendame and S%arabobel
Chaves, were the duly authorized cleo
ton board of said precinct;
The court therefore orders the said
defendants. John Greenwald, August
Roller and Matias Contreras, being the
~canvassing board of said county, to
canvass the returns of said board of
election composed of Antonio j. y
Baca, Luis Vandame and Sarabobel
Chaves, as a part of the election re-
turns of said county, to which findings
and rulings of the court, the respon-
dents duly excepted.
B. S. BAKER, Judge.
In the District Court, Second Judicial
District, Bernalillo County. No. 622S.
Territory of New Mexico, ex rel, ct
al, VS.. Board of County Commission
ers, etc.
Opinion.
This was a writ of mandamus to
compel the canvassing board Of Socor-
TO county to canva certain election
returns from precinct number seven
There were two returns from precinct
number seven; one by the board COM
posed of three persons, n of whom
was appointed by the board of county
commissioners under section 1927 com.
piled laws of New Mexico. In fact,
e. pursuant to the law the said county
commissioners regularly appointed
three persons as judges of election in
said precinct number seven, to-wit:
Lauro Remeriz, Mauricio Miera and
David Gonzales. Afterwards, and at a
later meeting of the said county COM
missioners one of said judges so ap-
pointed, to-wit: Mauricio Miera, ten
dered his resignation to said county
commissioners as such judge of cleo
ton, and his resignation was accepted
by said board of county commissioners
and in lieu thereof they appointed
in his stead Abel Chaves, as a judge
of said election; making the three
judges of election of said precinct num-
Der sever On the day of the election
at the regularly appointed time and
place for the holding of the election in
said precinct, the voters present at
such time and place, elected Antonio
j. y Baca, Luis Vandame and Sarabo-
bel Chaves as the judges of election of
said precinct. These two boards of
election opened separate voting places
and received votes or ballots and each
OF said boards of election made returns
of said election to the county COM
missioners of Socorro county. Which
was the duly, legally authorized board
OF election of said precinct? Section
1927 of the compiled avs of New Mex
ice provides that the county commits
sioners shall appoint three judges of
election. (The statute is elsewhere
modified so as 10 to require that it
shall be done eight days previous to
the election,) After this appointment,
has the power of commissioners for
the appointment of judges of election
become exhausted? 1t will be observed
that section 1923 provides, that If the
county commissioners should fail to ap-
point the judges provided by this act,
or if from any cause they shall fail to
attend to their respective precincts on
the day of the election, it shall be law
full for a majority of the qualified vot-
ers in the precinct where said vacancy
occurs TO appoint judges who shall con-
duct said election in the same manner
and to the same effect as if they had
been appointed by the commissioners,
as provided in this act" Judges of
election are officers within the mean
ing of the law, and | think it is a safe
proposition to assert that vacancies in
} Office can be filled only as provided by
law. As there is a provision for the
filling of vacancies when judges OF
election fail from any cause to appear,
then they must be filled in the manner
and form as provided by law. There
is another section in the statute which
gives us some light on this subject;
Section 1851 provides. IF any judge or
clerk of the election maliclously fails
TO discharge their duty as such, or mis-
behave in his Office he shall be fined in