Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-01-17
SOCORRO COUNTY ELECTION CASE
Ordered DISMISSED Respondents win........

adopt by resolution some mark or des-
ignating device To be printed on the
face of and at the head OF the ticket or
ballot containing the names of the can.
didates for Office nominated by such
convention. and when such mark or
designating device shall have been
adopted by such convention and an
imprint of such ballot or ticket con.
ta!nlng such mark or designating de-
vice so adopted and the names OF the
candidate or candidates nominated by
such convention. and certified to by
the presiding officer OF such conven
tlon and the secretary thereof. shall
have been filed with the probate clerk
Of the county in which such conven-
ton was held, II shall be unlawful for
any other political convention, person
or persons IN srCh county to adopt or
use any such mark OF designating de-
vice FOR election purposes or TO cause
the same to be placed or printed on
any Ticket or ballot to be voted at such
election without having printed on
such ticket or ballot all Of the names
Of the candidates nominated ~ the
political convention adopting such
ma K or designating device. and II
shall be unlawful for any person or
persons whatsoever after the adoption
and fll'ng OF such mark or Designating
device TO print or cause 20 be printed.
utter. distribute or circulate. or cause
to be uttered printed or circulated.
any ticket or ballot having thereon
such mark or designating device with
any name printed thereon other than
the name or names of the candidate
or candidates nominated by the polit-
zeal convention adopting such mark or
designating device. e." Com
piled Laws OF 1897. Sec. 1898.
From a reading of this section Il APP
pears that IL is only upon the filing of
tn certificate that party acquires
priority Ia the use of the emblem
when II adopts. From and after the
time OF the filing Il is made unlawful
for any other political convention. PER
| son or persons In such county TO adopt
or use any such mark or designating
device for election purposes, The adop.
| ton and prior filing OF an emblem are
essential to give any party the sole
| right to It's use as an emblem. ms
against any other convention or per
son.
At the time the Independent republi-
| cans adopted their emblem. the repub-
Leans had acquired no exclusive right
To- the use of che American flag in the
| county of Socorro for the election Of
1902, for the reason that at that time
| no certificate had been flled II was
| therefore legal, and not within the pro-
hibitions Of the statute, for the indie
pendent republicans to adopt the flag
| within square at a time g".N ac-
| ton was taken by their CONVEX .i9n.
Had the republicans. however. filed
their certificate FIRST the action Of their
convention in adopting the American
| flag as the emblem of their party In
Socorro county for the election OF 1902
| would have been given vitality, and
their exclusive right to such emblem
would thereby have been established,
and the use OF such emblem by any
| other party or person would thereafter
lie unlawful. But the two certificates
priority I'm the use of the emblem
adopted by either convention was ac-
quired Both were legal and regular
al the time OF their adoption. and prl-
| ority could only be given by priority in
the filing OF the certificate. There be-
ing no priority In the fling of either
certificate. but the fling Of both con.
| a.as l.,, oh Of
party is legal and regular. and could
legally be cast and counted
II has been urged on behalf of the
contestant that the filing of the repub-
lican certificate. although concurrent
with the filing OF the Independent re.
publican certificate, related back, and
became operative from the time OF the
adoption Of the emblem by the repub-
lican convention, and that thereby the
republicans gained an exclusive right
tn the American flag This Is not the
legal rule. The filing or recording OF
an instrument In writing only relates
back to the date of It's execution or de-
livery when the statute fixes the time
within which such filing must be made
VS.. White. IL Peters, ITS; Hanson VS.
Cochran. 81 Atlantic Reporter. s00)
Where there is TO statute fixing the
time after delivery within which a
written instrument must be filed or re.
corded. priority is acquired from the
moment of filing or recording. Here
the statute makes priority date from
the time the certificate is filed. and
the common law rule has no applica.
ton. To hold that the filing OF the GER
tificate OF adoption of an emblem re-
lates back To the time OF its adoption,
would put it in the power OF few per
sons to hold a convention In a remote
precinct OF county at an early day In
the canvass and TO refrain from filing
certificate Of adoption until the even
ing before election, and thereby de
feat the use OF such emblem by any
party whom they might have reason 10