Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-01-17

c'dun in the Socorro county election
coltoct case. The contest was brought
In tho Fifth judicial district court,
Socorro county, and Is entitled Abran
kbeyta. contestant. VS. Hermene @.
Baca. re. pondcns. The contest was
for the calce Of treasurer and ex-ofIic-
10 collector of Socorro county. The
roticc &C contest was dismissed by the
court and Judgment ordered In favor
OF the rosponle
The dec sion in full Is as follows;
OF New Mexico. Socorro County.
District Cmirt, Fifth Judicial District
Abraa Abeyta,
Contestant. }
vs.. mo, iOll.
Hermone c. Baca.
Respondent }
This is a contest, under thN election
law. for the ONCE 90 treasurer and ex.
ofIic'o collector of SocoFTo county.
The contestant. Abeyta. was the can.
didate for treasurer ard collector Of
Socorro county On the republican tic.
kot. TO which Office b. was duly and
regularly nominated by hat party in
convention. Tho res rmdent, Baca. was
the candidate for tha same ONCE on
the democratic ticket. The conventions
which nominated thoBe candidates
were each held In the city of Socorro
on the End and 3rd days of October,
1902. by reason Of some dissension
In the republican part. a number of
republicans convened In the public
plaza Of that city on the GrG lay OF De.
tobe.. about midday. ard arranged to
hol' e convention OF n'arcn lent re-
publican al O'Clock IN tae afternoon
OF said day, such convention however.
was not held untl I o'c.ock in the
evening. at which time they organized
ns independent republicans. and nom
mated ticket which. with the excep-
ton OF the republican delegate to con
gress, was Identical with the ticket
nominated by the democratic party OF
that day II appears, however. that
one or two OF the candidates nominal
ed on the democratic ticket were re-
publicans.
At the convention held on the even.
ing OF October 3 by the independent
declaring their principles or the rea-
sons for the organization of the party.
perfected a party organization. and
adopted as their emblem the American
flag enclosed with square. The re-
publican party in convention on the
same day. between the hours OF 3 and
4 O'Clock In the afternoon, by resolu-
ton. 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. 10 their respective party en-
blems, adopted by the respective con
ventions by way of fling a duly au.
thenticated certificate thereof, until
October 90, 20 days after the conven.
tions adopting the respective emblems
had adjourned On October 30 ct II
O'Clock In the forenoon. the certificates
required by statute. duly certifying the
adoption OF a party emblem and the
nomination os a ticket, together with
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 city
OF Socorro, as required by statute. The
endorsement made by the probate
clerk on each of these certificates Is
ms follows:
On the republican certificate:
Territory of New Mexico, Socorro
County. SIS. This instrument of writing
was filed for record on the goth day of
October. A. ID. 1902. at II o'clock q. M.
and duly recorded in Vol. - OF -- on
page -. II, G. Baca. probate clerk
and recorder, by Il. V. Baca. deputy"
On the Independent republican ccrti-
fcate
Territory OF New Mexico, Socorro
County, SIS. This instrument OF writing
was filed for record on the 23th day OF
October. A. ID. 1902. at IL o'clock a. m.
and duly recorded In Vol. - of - on
page ----. III. G. Baca probate clerk
and recorder, by Il. V. Baca. deputy"
Each of these endorsements was &C.
companied with an impress OF the seal
of the probate court of Socorro county.
Each endorsement was made by rub.
Der stamp, In blank, the year. month,
day and hour and the signatures
thereto, being filled In with pen and
ink.
The whole number OF Independent
republican votes that we're cast and
counted In this election were 324. II is
contended on the part OF the contest
ant that the 324 independent republic.
can tickets cast and counted In said
election are Illegal and void. for the
reason that the American flag within a
square Is the same or a similar device
20 that adopted by the republican par
ty: and that II was calculated to mis-
lead and deceive; and that the indie
pendent republicans had no right to
use such emblem.
The statute regulating the adoption
OF party emblem is as follows: