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

convention adopted a device constitut
ing the American flag, streaming in ar
opposite direction from that adopted b,
the egula republican convention. AM
OF practically the same size and inclos
ing the said flag so adopted by the in.
dependent republican convention in a
square made of very light black lines
and containing also in practically the
same style and type of letters and in
the same place, as in the republican
ticket, the name of Bernard S. Rodey
Tor delegate to congress, and the name
OF w. II. Andrews for the council.
The court further finds that the de.
vice or emblem Of the independent re.
publican convention so adopted. was
unlawful and calculated to deceive and
mislead the voters of said county
The court further finds from the
pleadings that there was a large mum.
Der OF these votes cast in said county
and counted by the said several cleo.
ton boards, and the court finds as a
matter of law that the said fraudulent
ballots cannot be counted for any of
the candidates whose names appear
Upon such ballots.
To each Of which findings the defend
ants duly excepted.
1t is therefore ordered and adjudged
by h court that the defendant, H. G..
Baca, now probate clerk and ex-oficio
recorder of said county of Socorro. be
and he hereby is, enjoined from in any
manner altering, changing or inter-
meddling, 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 Ca
briel Mora and ]. H. Grifiths, clerk of
the district court of the fifth judicial
district of New Mexico, and that the
said parties shall at all times have ac-
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-
ton in this cas- 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, B~ernalillo County. No. 6227.
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 H. Mcmillan, enjoining the
~canvassing board of Socorro county
from 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 n 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 or
beard of canvassers from canvassing
the vote of said county upon the re-
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, and to hold them in their prop
er condition until after an opportunity
VIII have been given for the plaintiffs
to contest the election of said county.
IN doing this ii becomes necessary for
the court to pass upon the legality of
the ballots known and designated as
Independent republican" tickets of
said county. The republicans of said
county in their regular convention
adopted the flag as the emblem of their
ticket. After it had been duly adopted
by said convention the Independent re-
publicans of said county adopted
a nag OF like nature and char
- oNANailtu " lut ODDO-
ste direction and was enclosed in very
light black lines. 1t also had in like
place and in like type as upon the reg,
ular republican ticket, the names of
Bernard S. Rodey. for delegate to con-
gress, and w. II. Andrews, candidate
fol the territorial council. All other
names upon said Independent republI-
can ticket were the regular nominees
or the democratic convention of said
county. 1t will be observed that the
legislature has attempted-if it has not
successfully done soto provide
against frauds and receptions at cleo
tons. Section 1888, compiled laws of
New Mexico, makes it lawful for any
political party at its convention to
adopt some mark or designating device
10 be printed on the face or at the head
OF its ticket. Said section also makes