Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-02-04
THIRTY-FIFTH
LEGISLATIVE
ASSEMBLY
TWELFTH DAY, WEDNESDAY, FEBRUARY q, l9O3

on privileges and elections was tabled
indefinitely by a vote of IA to 8; the fol-
lowing voting against tabling: Messrs
Bowie, Dalies, Holland, Martinez, Nc
| Ivors, Pendleton, Pollard, Martin San
chez, and Turner.
A motion to postpone the considera-
| tion of the majority report until this
| afternoon was lost by to IA. The ma
jority report was then adopted by a
vote of IA to 8. Mr.. Bowie explained
that two legal gentleman on the COM
mittee on privileges and elections had
stated to him emphatically that there
had not been offered sufficient evidence
to justify the unseating of Mr.. Holland.
Mr.. Dalies said that in caucus yester-
day the majority report of the commit
tee had been presented in favor of Mr..
Holland, but now one of the gentlemen
on the committee had changed his
mind, but had not informed the House
of his reasons therefor. Mr.. Llewelyn
explained that last evening undoubted
der oath by reputable witness show
ing that certain certificates of election
had been fraudulent and this evidence
had compelled him to change his opin-
ion that Mr.. McCash certainly is enti-
tied to his seat in the legislature. Mr.
Eduardo Martinez explained his vote,
saying that Mr.. Holland h"1 not been
given sufficient chance to rebute evil
dence against him. Mr.. Perdleton ex-
planned his position by saying that ac-
cording to the law and to the evidence,
Mr.. Holland was entitled TO keep his
seat Most of the evidence was hear
say, but very little testimony was offer
ed that would have been permitted be-
fore a jury or a court of justice. No
evidence was given to show that the
suspicious ballots had been cast for Mr.
Holland, but on the other hand it show
ed that every Republican ballot In
Union county was of questionable leg
jury, I would have to render decision
in favor of Mr.. Holland The certifl=
cate Of election held by Mr.. Holland
was signed by the Republican officials
of Union county. 7 believe that Mr..
Holland IS entitled to his seat
Mr.. Cristoval Sanchez explained his
vote by denying the allegations of Mr.
Bowie and Mr.. Pendleton.
Mr., Martin Sanchez explained his
vote, saying that although he has been
and will continue to be a steadfast Re-
publican, yet he believed Mr.. Holland
entitled to his seat.
Mr.. Pedro Sanchez explained his vote
by saying that in matters of election
contests, the committee on privileges
and elections is best in position to de-
eide the merits of the case, for 1T has
the evidence before it and therefore the
House should accept the majority re-
port.
Mr. Turner explained his vote by say
ing that the burden of proving that Mr..
Holland is not entitled to his seat rests
upon Mr.. McCash and that to his mind
he would violate his oath if he were to
vote to unseat Mr.. Holland without
sufficient evidence. Not sufficient evil
dence had been offered to seat Mr.. Nc
Cash. Mr.. Holland had been given no
chance to refute the recent evidence.
The majority report was adopted by
vote Of IA to s.
The Speaker declared Mr. Hollands
seat vacant and Mr.. McCash entitled to
it.
Messrs. Cristobal Sanchez, Gutierrez
and Fitzpatrick were appointed COM
mittee to escort Mr.. McCash to the bar
of the House where the oath of office
was administered by Speaker Montoya.
The House adjourned until tomorrow
forenoon at 10 o'clock.