Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-03-13
THE McCASH
HOLLAND CASE
Representative Ii g W ellyn
Gives Facts as to His
Action and Vote.
M'CASH ENTITLED TO SEAT
Ceuncilmen spiess Of San Miguel
and Pinard Of Union Sub
stantiate Major LlewsIlyn's
Statement--McC Had
aLegal and Undisputed
Majority.

In view of the fact that the action o
, the House of Representatives in tn
election contest, McCash VS.. Holland
has been criticised by number of peo
, pie who may not understand the fact
: in this case or who understanding
them prefer to misrepresent same,
!. have decided to make a brief state
ment Of the case.
My position with reference to thi
case never changed from the time i
was presented to the committee OF
4 privileges and elections until the cas-,
was concluded by the action of thu
House in awarding the seat to Mr.. Nc
Cash, and any one who states the con.
trary states that which is false.
My position was this, that 1 woulG
not sign the report nor vote to seal
Mr. McCash until he had proven by le-
gal evidence that he had right to the
seat. He finally furnished the absolute
proof and unimpeached testimony that
he was legally entitled to the seat
whereupon I joined with the majority
Of the committee In recommending that
he be seated.
The night before the House took
final action in McCash's favor there
| was a meeting Of the judiciary COM
mittee of the House in Room No. "A at
the Palace Hotel at the same time an
| examination was being held in the
room of Senator Spiess adjoining Room
A; this meeting was attended by sew
ileges and elections of which Judge
Pendleton and myself We're members,
each of us also being members 1T the
Judiciary committee. I left the judi
ciary committee room and wesat \ into
the room where the committee onf2rivll
ileges and elections were holding their
examination; up to that time Mr.. Nc
Cash had proven by undisputed unim-
peached legal evidence ten fraudulent
votes. Hollands majority on the face
of the returns over McCash was thir-
teen votes, leaving Mr.. McCash, count
ing then ten fraudulent votes, three
more votes to overcome. In his notice
of contest served upon Holland, Nc
Cash alleged in addition to the ten
votes already referred to, six fraudu-
lent votes voted on fraudulent certih-
Gates of transfers; these six votes up to
this night, McCash had been unable to
prove by legal evidence, but at this
time he produced the evidence Of Sena-
tor Pinard as to two Of the fraudulent
certificates and the evidence of Mr..
Gallegos, deputy county clerk OF Union
county, Of the fraudulent character OF
the other four certificates which were
voted for Mr.. Holland.
This was my understanding at that
time, and the next morning when the
House met, asked Judge Pendleton II
he was satisfied and intended signing
the majority report to seat McCash,
whereupon he informed me that ne
would not sign the report. asked him
If the evidence was not satisfactory as
to the six fraudulent certificates, and
he replied that it was not entirely sat
isfactory, whereupon said to him that
as he was present during all of the ex-
aminations and was not, that If
had been mistaken as to the evidence
given the night before, would not join
in the recommendation to seat NC.
Cash; I also stated this to another
member of the House (the House was
then in SESSION. but just at this time
noticed Mr.. Gallegos on the floor of the
House and Immediately asked Repre-
sentative Baca Of Santa Fe county, II
he would accompany me to one OF the
committee rooms with Mr.. Gallegos-
which he did, whereupon he and in
terrogated Mr.. Gallegos as to what his
testimony was the night before with
reference to four of the fraudulent cer-
tifcates and asked Mr.. Baca to take It
down in writing which he did, and
which statement was to the effect that
four of the certificates of transfer were
fraudulent; that they were IN the
hand writing of a man by the name OF
Miera who lives in Clayton and, that
they were all voted for Mr.. Holland,
and that afterwards he had spoken to
the members of the registration board
and that they had informed him that
they had never signed or issued any
such certificates or transfer; this to-
gether with Senator Pinard's sworn
evidence completed the proof Of IL
votes, and clearly gave Mr.. McCash
the right to the seat.
Mr.. Holland had been asked In the
presence of the full committee what he
had to say with reference to these six
fraudulent certificates which were vot-
ed for him and he answered that he
had nothing to say, that he had moth
ing to do with it himself, and did not
know a thing about 1t, and had no
proof to offer upon the subject. It Is
talso true that an examination Of the
registration list shows no such parsons
were registered. After getting this
statement from Gailegos, and having