Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-01-14
Decided by Judge Mcmillan This Morning.. Both
the Republican and Independent Republican
Tickets Cast and Counted, so Far as In.
fringment of Emblem is Concerned.
We're Regular and Legal and
Should Stannoas
Counted.
CONTEST ORDERED DISMISSED
CORRESPONDENTS WIN

: that it was calculated to mislead an
o deceive; and that the Independent Re
t publicans had no legal right to us
such emblem.
1 The statute regulating the adoptio
of party emblem is as follows:
: THAT hereafter it shall be lawful fo
any political convention held in thi
. territory or county thereof for the pur
pose of nominating, candidates to b
voted for at any election held in thi
| territory or any county thereof, t.
adopt by resolution some mark or des
ignating device to be printed on TIN
face of and at the head of the ticket O
ballot containing the names of the can
didates for office nominated by sucf
convention, and when such mark or de-
signaling device shall have been adop.
ted by such convention and an imprint
of such ticket or ballot containing such
mark or designating device so adopted
| and the names of the candidate or can
I didates nominated by such convention
and certified to by the presiding officer
of such convention and the secretary
| thereof, shall have been filed with the
probate clerk Of the county in which
such convention was held, it shall be
unlawful for any other political con-
vention, person or persons in such
county to adopt or use any such mark
or designating device for election pur-
poses, or to cause the same to be placed
or printed on any ticket or ballot to be
voted at such election without having
printed in such ticket or ballot all of
the names of the candidates nominated
by the political convention adopting
such mark or designating device, and
1t shall be unlawful ior any pe.son or
persons whatsoever after the adoption
and fling of such mark or designating
device to print or cause to 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 can
didates nominated by the political con-
vention adopting such mark or desig-
mating device. II" Compiled
Laws of 1897, Sec. 1888.
From a reading of this section it ap-
pears that it is only upon the filing of
the certificate that party acquires
priority in the use of the emblem which |
1t adopts. From and after the time of |
the filing it is made unlawful for any
other political convention, person or |
persons in such county to adopt or use
any such mark or designating device
for election purposes. The adoption and
prior filing of an emblem are essential
to give any party the sole right to it's
or person.
At the time the Independent Republi-
cans adopted their emblem, the Repub-
licans had acquired no exclusive right
TO the use of the American flag in the
county of Socorro for the election of
1902, for the reason that at that time
no certificate had been fled It was
therefore legal, and not within the pro-
1ibitions of the statute, for the Inde-
pendent Republicans to adopt the flag
within square at the time such ac-
ion was taken by their convention.
Had the Republicans, however, filed
heir certificate first, the action Of their
in adopting the American
lag as the emblem of their party in
,ocorro county for the election of 1902
would have been given vitality, and s
heir exclusive right to such emblem {
would thereby have been established,
nd the use of such emblem by any {
ther party or person would thereafter I
'e unlawful. But the two certificates
laving been filed concurrently, no q
'riority in the use Of the emblem adop- '
ed by either convention was acquired.
Both were legal and regular at the time t
f their adoption, and priority could t
My be given by priority IN the fling G
the certificate. There being no prior t
" in the filing of either certificate, but I
he filing Of both being concurrent, the t
mblem and ticket of each party is le- a
al and regular, and could legally be a
asst and counted. c
1t has been urged on behalf Of the
ontestant that the filing of the Repub- r
can certificate, although concurrent h
18th the filing Of the Independent Re- o
ublican certificate, related back. and a
ecame operative from the time of the C
aoption Of the emblem by the Repub- e
can convention, and that thereby the c
epublicans gained an exclusive right q
the American flag. This Is not the Il
gal rule. The filing or recording Of an d
lstrument in writing only relates back
} the date of its execution or delivery
hen the statute fixes the time within
hich such filing must be made after n
9 execution or delivery (Clark vs.. Il
1hite. 70 Peters. 17s; Hanson w. a
ochran. 81 Atlantic Reporter. soo.) ii
here there Il no statute fixing the II
me after delivery within which IL tc