Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-06-04
Robert d. Armstrong. s.


County OF Lincoln.
Robert D. Armstrong. &.$
VS.. No. 1894
John w. Owen.
This is a contest under the election
law for the office of sheriff of the coun-
ty of Lincoln.
George w. Prichard,
George b. Barber,
Attorneys for Cont. Armstrong.
Hewitt and Hudspeth,
Attorneys for Respondent Owen.
Daniel II. Mcmillan, Judge.
The parties to this action were res
pectively the candidates of the Repub-
lican and Democratic parties, In the
canvass of 1902. for the Office of sheriff
of the County of Lincoln.
The whole number Of votes cast for
these two candidates was 1929, of which
John W. Owen received 715, and Rob-
ert D. Armstrong received ia, as certi-
fled by the board of county commits
the respondent, Owen, and on the 1st
of January he entered upon his duties
as sheriff.
Within the time prescribed by law
the contestant, Armstrong, filed his no
tce of contest; the respondent answer
ed, and a reply was filed. A referee
was appointed to take proof as to the
issues thus framed; this proof is now
before the court
On application of both parties the
pleadings have been amended to con-
form to the proof as made.
The principal ground, upon which the
contest is founded, is that the persons
who lived on the Fort Stanton military
reservation, and who voted at the elec-
ton in question, were not qualihed
voters at such election, for the reason
that a legal residence could not be ac-
ouired on such military reservation for
election purposes.
1t appears from the testimony. that
the Fort Stanton military reservation
was nrSL set apart ny ah CAeNNeA'N -
der in 1859, and embraced 144 square
miles; subsequently it was reduced 10
16 square miles by an act of congress
passed and approved in 1872; in De-
cember, 1895, it was transferred by ex-
ecutive order to the department OF the
interior for disposal, but in 1899 by a.
like order it was transferred to the
treasury department for the use OF the
marine hospital service, and In the
same wear additional lands adjoining
said reservation were reserved Tor the
use of such hospital service.
hospital has been established and
maintained by the general government
on the premises reserved, and is known
and designated as the United States
Public Health Marine Hospital Sanato-
rum. and Is for the treatment of tub
erculosis in persons in the service Oh
the United States merchant marine'
the revenue cutter and the lighthouse
service. and other branches OF the ma
r,ne service of the sea, lake and river
ports of the country.
It also appears that the board Oh
county commissioners of Lincoln couh-
tv previous to the election IN questloh
designated and set apart as preclhct
No. IA in said county the said reserVa-
tion. the lines of the reservation anu
of the precinct being concurrent eX-
cent that at the westerly end said pre-
c,nct embraces about IL mile square
Of land not included in the reserva-
tion. No one resided on this half mile
square of land.
The whole number Of votes cast IN
nrecinct No. IA and which were cast pv
those registered as residing in said pre-
c,nct. and on the said reservation, was
n of which John w. Owen, the respon'
dent. received 81 votes, and Robert D.
Armstrong, the contestant. received y
votes.
All those who lived on the reserva-
tion. and who were registered ana vot-
ed in said precinct No. IA, lived In the
hoan,tal buildings, which were all ir
one place. and about the center OF the
reservation.
All the persons who voted at the cleo
ton in question were either employees
attendants or patients at said hospltal
All patients were maintained at pubic
expense.
II is admitted that of those who vot
ed in precinct No. IA, that Il were pa
tients, and 30 employees; that 81 pa
tients, and 20 employees voted TOT owe'
and that 10 patients and lo employs
voted for Armstrong.
The patients at this hospital wer
subject to discharge at any time; .
patients were discharged during tn
year 1902.
A broad view of the questions IN
volved might impel the court to Tn
conclusion that for election purpose
the reservation in question Is no par
Of the territory Of New MEXICO.
has been segregated from the publ
domain by special act Of congress; II
Boundaries have been specifically defr
a NJ 49, = ls.ss lats SO -