Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-02-05
uara denied and refused to vote.

That in precinct No. 6 two persons
who were not registered or otherwise
qualified to vote, voted at said election
and their votes counted for J. s. Hol-
land.
We find that the sixteen votes SO IL
legally cast and counted were all for
contestee j. S. Holland.
Upon these findings and this cvid-
ence, we recommend that the said W.
f. McCash be seated as a member OF
the house of representatives OF the
thirty-fifth legislative assembly from
Union county, and that the seat OF
said J. S. Holland be vacated.
Respectfully submitted.
Cristoval Sanchez, chmr.
David Martinez, Jr.,
w. H. H. Llewellyn.
The minority report follows:
Mr.. Speaker.-The undersigned
members of the committee on privileg-
es and electiOns,to whom was referred
contest of McCash VS.. j. S. HollanS,
have had the same under considera,
tiOn and we beg to report 10 the house
with the recommendation that in our
opinion the evidence submitted does
not sustain the allegation OF the con-
test, nor does the evidence offered in
favorably for the contestant
In our opinion the contestee, J. s.
Holland, is entitled to the certificate
of election which he now holds.
(Signed)
Granville Pendleton,
Eduardo Martinez.
The minrotiy report 0 fthe commit
tee was tabled indefinitely by vote
of IA to g. A motion to postpone the
consideration of the majority report
was lost by to IA. The majority re-
port was then adopted by II to s.
Mr. Bowie Of Gallup spoke in favor of
Mr.. Holland and believed that to un-
seat him would be against the evid-
ence presented; that two legal gentle
men on the committee had informed
him that there was not sufficient evid-
ence present to warrant Mr.. McCash
to be seated. Mr.. Dalies also spoke in
favor of Mr.. Holland and wanted to
know why Mr.. Llewellyn had changed
his vote over night, after declaring
yesterday that he was in favor of Mr..
Holland.
Mr. Llewellyn said good evidence
had made him change his mind, but
when asked if Mr.. Holland had been
given a chance to refute this, he was
Obliged to say no. Judge Pendleton,
who is making a record in the house
for fairness and justice, said there was
not sufficient evidence to unseat Mr..
Holland and the evidence that was
offered would not count with jury
or court of justice. He believed il
to be rank injustice to try and unseat
Mr. Holland. The certificate held by
Mr. Holland was signed by the repub-
off ioJc IF mi
Martin Sanchez said he was a repub-
lican, but he believed Mr.. Holland was
entitled to his seat. Mr. Turner OF
Silver City said he believed Holland
was entitled to his seat and that the
burden of proof rested upon Mr.. Nc
Cash to prove that he should be un
seated. This proof in his mind was
lacking and he should vote for Hol
land to keep his seat He further
stated that Mr.. Llewellyn had stated
| five minutes before he signed the ma
| jOrity report that he wouldn't sign
either, but had signed. Mr.. IlewellyT
was on his feet and said it was not
so. Mr. Turner said he did say sc
and at this juncture the sergeane-a
arms moved toward tho center OF the
aisle and peace was restored for he
time being. 1t puzzles many why Mr.
| Llewellyn changes his mind SO often
not only in this matter but on others
The final roll call that resulted in un
seating Mr.. Holland, follows:
| Ayes-Baca, Coleman, Gutierrez
Fitzpatrick, Llewellyn, Martinez 81
Rio Arriba, Ortega, Sanchez of Mora
Sanchez of Taos. Sandoval, Stockton
Vargas and Mr.. Speaker,-14
Nays.-Bowie, Dalies, Howard, Mar
tinez of Guadalupe. McIvers, Pendle
ton, Pollard, Sanchez of Valencia, ant
Turner'S.
| The speaker declared Mr.. Holland;
seat vacant and Mr. McCash wa:
sworn in by the speaker and was es
corted to his seat On motion Of Mr.
Vargas of Rio Arriba, the house ad
j iourned until tomorrow at IN h,c1nnlr