Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1902-11-22

recorder Of said county Of socorro, be
and he hereby is, cnjolned from In any
manner altering. changing or inter
meddiing. with any and all Of the bal
lots cast at the November. 1902, cleo.
ton Of said county; and he is hereby
ordered and directed to keep and hold
any and all of said ballots in the con.
dition In the ballot boxes of said cleo
ton as returned to his Office by the
several election boards of said county;
and he Is further enjoined and ordered
that he retain the custody OF said bal.
lots In the said county Jointly with Ga
tr.el Mora and J. II. Griffiths. clerk OF
the district court Of the fifth judicial
district OF New Mexico. and that the
said parties shall at all times have &C.
cess to the whereabouts. condition and
the safe keeping OF said ballots In said
ballot boxes. until the further order of
this court: to which ruling OF the court
the defendants duly excepted.
1t Is further ordered that the injunc-
tion in this case and In all other things
not inconsistent with the foregoing or.
der of injunction be and the same
hereby Is dissolved
b. s. BAKER. Judge.
In the District Court. Second judicial
District. Bernalillo County. No. 1927
Abran Abeytia, ct al. vs.. John Green.
wald, ct a.
Opinion.
This cause comes up on the order OF
temporary injunction, transferred to
this county from Socorro county by the
Hon. Daniel II. Mcmillan, enjoining the
canvassing board of Socorro county
fIom canvassing the election returns
from the several precincts of caid coun.
ty and enjoining the probate clerk OF
said county, being the custodian OF the
returns from said precincts. from in
any manner interfering with the bal.
lots returned by the several precinct
election boards of said county. The
court dissolves the temporary injunc
ton heretofore granted. wherein Il en-
Joined said county commissioners OF
board OF canvassers from canvassine
| 'uN Nptt vi Suiu tpuuiy uBoH tuC Ic
turns; but sustains and continues the
order of injunction enjoining the pro
bate clerk from In any manner inter
fering with. altering or changing the
ballots returned by the several election
boards. aud to hold them in their prop
er condition until after an opportunity
viii have been given for the plaintiff.
to contest the election OF said county
In doing this It becomes necessary FOL
the court to pass upon the legality o
the ballots known and designated al
Independent republican" tickets o
said county. The republicans of salt
county In their regular convention
ador,ed the flag as the emblem of thei
ticket. After 1t had been duly adopted
by said convention the independent re
publicans OF said county adopted
Il flag of like nature and char
acter. except II streamed to the oppo
ste direction and was enclosed in yer,
light black lines. 1t also had in lik,
place and In like type as upon the reh
ular republican ticket. the names o
Bernard s. Rodey. for delegate to con
gross. and w. II. Andrews. candidate
for the territorial council. All othe
names upon said independent republ
can ticket were the regular nominee
Cf the democratic convention OF sal,
county. 1t will be observed that tn
legislature has attempted-if 1t has no
successfully done SOTO provid
against frauds and receptions at cleo
tons. Section 1888, compiled laws O
New Mexico. makes It lawful for an
political party at its convention L
adopt some mark or designating devic
&c be printed on the face or at the hea
OF its ticket. Said section also make
II unlawful for any other political cor
vention or party or person or person
to adopt or use such mark or designai
ing device for election purposes, an
makes 1t unlawful to cause the sam
, to be placed or prihted on any othe
Lallot or ticket. or any ballot or ticke
, which does not contain all the nom
nees Of the convention. or party adop
ing such mark or designating device
end said section makes II unlawful 10
and person after the adoption and n
Ing Of said mark or designating devic
I to print ar cause to be printed. to n
, ter. distribute or circulate, or cause I
be thus done. any tickets having Their,
: on such designating device with an
!, rame printed thereon other than tn
nominees of thee invention or part
adopting such designating device. No.
> We are called upon to construe tn
a., meaning of section 1888: II this stoo
| alone. that is. the meaning I have a
: ready given TO that portion OF sectio
I 1853 that attention has been called I
} 1T would then seem that It being III
) lawful to do the things mentioned
and ! might add also that II makes 1t
, felony and provides for punishment
Imprisonment In the penitentiary fo
! the doing Of these things, that the lei
islatura had In mind tho nrohi httiou 9