Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-01-21
THIRTY.FIFTH
LEGISLATIVE
ASSEMBLY


reported that the committee had adop-
ted the rules of the 34th Legislative
House with two minor changes.
Mr.. Dalies moved that the committee
on rules be instructed to confer With
the committee on rules of the Council
to secure greater uniformity of the
rules governing both bodies. Major
Llewellyn opposed this motion. The
chair ruled that there was no proper
motion before the House.
The committee on privileges and elec-
tions reported on the contest Of Charles
F. Abreu VS.. M. B. Stockton from Col
fax county, in favor of the contestee,
M. B. Stockton, Republican, because he
received 1,446 votes, while his opponent
only 1O19 votes. The report of the
committee was unanimous. Mr.. Lucero
made an impassioned harangue attack
ing the committees report. Mr.. Cristo-
val Sanchez defended the commuters
action in a forceable manner.
The Speaker reproved Mr. Lucero for
ungentlemanly remarks about gag
rule. The report was adopted by a
vote of 20 to 2. Messrs. McIvers and
Lucero voting against the adoption of
the report. The contest case of c. F.
Abreu was thereupon dismissed.
The report of the committee on the
contest case of William H. Coleman VS..
Antonio Lucero was then read as fol-
lows:
Your committee on privileges and
elections, to whom was referred the
election contest of William H. Coleman
VS.. Antonio Lucero for the office of rep
resentative from the 4th legislative dis
trict of the Territory of New Mexico,
have had the same under consideration,
and 1 am directed to report to the
House of Representatives as follows:
From the face of the returns of the
election out of which the contest arose
it appears that Antonio Lucero had a
majority of eighty-eight (SS) votes. 1t
luIlllCI appears 1loli tAAS
that the name of Antonio Lucero was
upon a ticket known as the "Republi-
can Independent" ticket, the emblem or
marking device of which was a flag"
On the lower part of the flag there was
a shadowy outline Of what was inten-
ded to BE- representation of an angel.
Immediately under this flag was the
word Republican Independent" Then
followed the name of r. S. Rodey for
delegate to congress.
This attempted representation of the
regular Republican ticket contained
the name of Antonio Lucero, and per-
son by placing the thumb of the right
hand over the lower portion of the flag
would cover up the word Independent
and leaving a part of the flag and the
word Republican" and the name of B.
S. Rodey exposed. mislead almost any
one into thinking that it was regular
Republican ticket.
The committee find that the resolu-
ton requiring adopting an emblem for
their ticket was not filed with the
county clerk as required by law, and
we further find that the regular Repub-
lican ticket and the flag as it's emblem
and required resolution was filed in ac-
cordance with law.
1t is admitted in the pleadings in this
contest case that at least One hundred
(1OO) of the spurious and fraudulent tic
kets with Mr.. Lucero's name thereupon
were voted at the election.
In view of the recent decision of an
associate justice of the supreme court
of this territory in the contest case In
Socorro county, where question arose
with reference to marking device or
emblem which was calculated to de-
ceive and said case being almost iden-
tical with the case pending herewith,
your committee after a full and ex-
haustive investigation and hearing,
both parties thereto being represented
by able counsel, arrived at the unani-
nous decision that William H. Cole
man is entitled to seat in the 35th
legislative assembly of the Territory Of
New Mexico from the 4th legislative
district comprising the county of San
Miguel, and we hereby recommend that
he be awarded said seat and that An
tonic Lucero, the sitting member, be
declared not entitled to a seat in this
legislative body.
Your committee would further report
that the Honorable Eduardo Martinez,
the minority member Of the committee,
very reluctantly Joined with the ma
jority Of the committee in making this
report unanimous and that he only did
SO after an exhaustive argument and
an examination into the facts Of the
case, and being finally convinced of the
correctness of the findings of the COM
mittee and minority report not being
necessary. All of which is respectfully
submitted.
Signed:- Cristoval Sanchez,
Chairman
David Martinez,
Pendleton,
w. H. H. Llewellyn,
Eduardo Martinez,
Members
The report therefore was unanimous
Mr.. Lucero made fiery address in de.
fense of his seat, After he had spoker