Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-01-14

Judge Daniel II. Mcmillan this morr
ing rendered his decision in the Socorl
county election contest case. The te:
trict, Socorro county, and is entitle
Abran Abeyta, contestant, VS.. Hel
meme G. Baca, respondent. The cor
test was for the Office of treasurer an
ex-officio collector of Socorro county
The notice of contest was dismissed b
the court and judgment ordered in fav
or of the respondent. The decision il
full is as follows:
District Court,
Fifth Judicial District of New Mexico,
Socorro County.
Abran Abeyta, Contestant,
VS.. No. 4O11.
Hermene G. Baca, Respondent.
This is contest, under the election
law, for the office of treasurer and ex
officio collector of Socorro county
The contestant Abeyta, was the can
didate for treasurer and collector o1
Socorro county on the Republican tic
regularly nominated by that party in
convention. The respondent, Baca, was
the candidate for the same office on the
Democratic ticket. The conventions
which nominated these candidates were
each held in the city of Socorro on the
I'd and Sd days of October, 1902 BY rea-
son of some dissension in the Republi-
can party, number of Republicans
convened in the public plaza in that
city on the Sd of October, about mid
day, and arranged to hold a convention
of independent Republicans at o'clock
in the afternoon of that day: such con-
vention, however, was not held until 7
o'clock in the evening, at which time
licans, and nominated a ticket which,
with the exception of the Republican
delegate to congress, was identical with
the ticket nominated by the Democratic
party Of that day. 1t appears, however,
that one or two of the candidates NOM
mated on the Democratic ticket were
Republicans.
At the convention held on the evening
of October by the Independent Repub-
licans, they adopted resolutions declar-
ing their principles or the reasons for
the organization of the party, perfected
a party organization, and adopted as
their party emblem the American flag
enclosed within a square. The Repub-
oy,<x IN, fIon
day, between the hours of 8 and 4
o'clock in the afternoon, by resolution, |
duly adopted the American flag as |
their party emblem.
Nothing further was done by either
the Republican organization or the In |
dependent Republican organization,
with reference to perfecting the right
of either to their respective party en-
blems, adopted by the respective con-
ventions, by way of filing duly au-
thenticated certificate thereof. until
October 20, 26 days after the conven-
tions adopting the respective emblems
had adjourned. On October 20, at II
o'clock in the forenoon, the certificates
adoption of party emblem and the
nomination of a ticket, together with a
printed ticket embracing the emblem
and candidates nominated by each Of
said conventions, were duly filed In the
office of the probate clerk in the cityl
of Socorro, as required by statute. The
endorsement made by the probate clerk
on each of these certificates is as fol-
lows:
On the Republican certificate,
Territory Of New Mexico, socorro
County. ss. This instrument of writing
was filed for record on the 29th day Of
A. D. 1902 at ii o'clock a. M,
and duly recorded in Vol. Of -. on
page 80. H. g. Baca, probate clerk
and recorder, by e. v. Baca, deputy"
On the Independent Republican certi-
1cate,
Territory of New Mexico, socorro !
County, ss. This instrument of writing ,
was filed for record on the goth day Of !
October. A. D. 1902. at II o'clock, a. M,
and duly recorded in Vol. >. Of ~. onI
page. H. g. Baca probate clerk and
recorder, by E. v. Baca, deputy
Each Of these endorsements was ac-
with an Impress of the seal
# the probate court of Socorro county.
Each endorsement was made by rub :
Der stamp. in blank, the year, month,
lay, and hour and the Signatures !,
hereto. being filled in with pen and :
nix.
The whole number of Independent /,
votes that were cast and II
ounted in this election were 1924. It Is t
ontended on the part of the contestant v
hat the a24 Independent Republican, v
ickets cast and counted in said elec- II
ION are illegal and void, for the reason v
hat the American flag within square c
the same or similar device to that Y
dopted by the Republican party: ana Il