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

In the District Court. Second Judicial
District. Bernalillo County.--No.
622s.
The Territory OF New Mexico. ex rel.
Abran Abeytia. VI. Board OF County
Commissioners OF Socorro County,
New Mexico. ct al.
Order.
This cause coming on to be heard up
on the application Of relator to amend
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 adj
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
upon 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
tion board OF precinct number seven OF
said county of Socorro. composed Of
I.auro Remeriz. Jose NJ. Montoya and
Abel Chaves acted without authority OF
law; and the court finds that the cleo
tion board OF precinct number seven OF
snid county, composed of Antonio j. y
Baca. Luis Vendame and Sarabobel
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 n 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 canvas certain election
returns from precinct number seven
There were two returns from precinct
number seven; one by the board com
- NJ VA,
was appointed by the board OF county
commissioners under section 1927 com
piled laws Of New Mexico. In fact
pursuant to the law the said county
commissioners regularly appointed
three persons as judges OF election In
said precinct number seven. to.wlt:
I.auro Remeriz. Mauricio Miera and
David Gonzales. Afterwards. and at q
later meeting OF the said county com
mlssioners one OF said judges so ap
POINTED, towit: Mauricio Miera. ten
dered his resignation to said count,
commissioners as such Judge OF cleo
ton. and his resignation was accepted
by said board OF county commissioner
and In liec thereof they appointed
In his stead Abel Chaves. as a judge
OF said election; making the three
Judges OF election OF said precinct mum
her seven. On the day OF the election
Mt the regularly appointed time ant
place FOR the holding OF the election IL
said precinct. the voters present a
such time and place, elected Antonio
J. y Baca, Luis Vandame and Sarabo
bel Chaves az the judges OF election o
said precinct. These two boards o
election opened separate voting places
and received votes or ballots and eaci
Of said boards OF election made RETURN
OF said election to the county com
missioners Of Socorro county. Whicl
was the duly. legally authorized boar'
Of election OF said precinct? Section
1927 OF the compiled laws Of New Mex
leo provides that the county commits
sioners shall appoint three judges o
election. (The statute Ii elsewher'
modified so as not to require that !
shall be done eight days previous Il
the election.) After this appointment
has the power OF commissioners 10
the appointment OF judges OF election
become exhausted? 1t will be observed
that section 1923 provides. that II thu
county commissioners should fail to az
point the judges provided by this act
or II from any cause they shall fail 4
attend to their respective precincts OF
the day OF the election. II shall be law
full for majority Of the qualified voi
crs in the precinct where said vacanc,
occurs 20 appoint judges who shall con
duct said election In the same name
eml to the same effect as II they ha'
been appointed by the commissioners
ne provided In this act" Judges O
election are Officers within the mean
ing of the law. and think It Is SAT-
proposition to assert that vacancies II
Office can be filed only as provided b!