Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-12-14
CATRON-..M|ERA
CONTEST CASE
Testimony Taken
Before Justice of
Peace Garcia.
FOR MEMBER OF COUNCIL
From Sixth District Witness
es Examined .--. Reap.
portionment Involved.

Testimony was taken today before
Justice of the Peace Jose Ma. Garcia
in the matter OF the contest proceed
ings instituted by Thomas B. Catron
to the seat of Epimenio A. Miera in
the council of the 37th Legislative AS.
sembly from the Sixth council dis.
trct composed of Santa Fe and San
doval counties. The evidence intro.
contest as filed by Mr.. Catron.
Mera Filled Formal Objection to
Proceedings.
Attorney George w. Prichard, who
appeared as counsel for Mr.. Miera.
filed a formal objection to the taking
of testimony. He protested first be-
cause the matter and things COM
planned of are principally questions of
law. secondly because the allegations
were not proper grounds of contest.
thirdly that the notice of contest ad-
mits that the contestee received Il ma
jority of the legal votes cast, and
fourthly for the reason that the said
notice of contest is in other respects
insufficient.
Mr.. Catron appeared as his own
counsel and examined the witnesses
summoned. Probate Clerk Marcos
Castillo of Santa Fe County was the
first witness called to the stand and
on account of the documents involved,
he was examined in the probate
clerks office at the court house. At
ter Mr.. Castillo had been excused
from testifying further, adjournment
was taken to the Office of Attorney
Charles F. Easley, who was present in
capacity of notary public at the re-
quest of Captain Z. G. Abbott, whose
seat in the House of Representatives
is being contested by EsquipGla Baca
ON the same grounds as advanced by
Mr.. Catron.
Mr.. Castillos testimony was mainly
with reference to the filing of certain
certificates and letters In the probate
clerks office by David M. White,
chairman of the Republican County
Central Committee of Santa Fe
County. One was the certificate of
the alleged Republican ticket con-
tanning the names Of T. B. Catron as
candidate for the council and Esqui-
pua Baca as candidate for the House
of Representatives Mr.. Castillo re-
fused to recognize this certificate and
it was returned to Mr. White. These
documents have been introduced by
Mr.. Catron as exhibits in the contest
proceedings.
Mera Says That He Was Legally
Elected.
In Mr.. Miera's answer to the notice
of contest the contestee declares that
he was legally elected to the Office of
councilman, and AYERS that he was the
only regular Republican nominee in
the two counties for the Office. The
answer covers five typewriter pages
and subjoined to it is the notice of his
nomination filed with the probate
clerk, signed by Charles A. Wheelon,
chairman, and M. G. de Baca, secre-
tary of the district convention held at
Las Vegas. He recites that the ap-
portionment of the Territory for leg
islative purposes as made by Governor
Hagerman was declared to be legal by
the court when the contestant applied
for a writ of injunction. and that the
Judgment of the court is final. unap
pealed from and unreversed, and that
any action by the Legislative AS
sembly to the contrary would be res
iudicata.
Charges Violation Of Election Laws.
Mr. .Miera in his answer charges
the contestant with violating the cleo
tion laws with reference to the tam
pering of ballots The sections re-
ferring to alleged frauds is as fol-
lows.
"Contestee alleges that the pro-
bate clerk of Santa Fe County caused
his name to be printed in the Repub-
lican ballots of said county and re-
fused to print the name of contest
amt, T. B. Catron therein, and he AYERS
that the regular Republican ballots
so lawfully and properly printed were
defaced. altered and changed by the
Republican Central Committee, it's
agents and servants at the instance
and request Of this contestant and by
his collusion and connivance by past
ing the pasters on which were print
ed the name of T. B. Catron over the
name of this contestee, e. A. Miera,
and that the Republican ballots thus
changed, altered and defaced were
distributed among the voters on the
day of election to-wit: The 9th day
of November, 1906, by the workers of
the Republican Central Committee of
said Santa Fe County.
"That very large number Of the
votes received by contestant in said
Santa Fe County, to-wit, 1000 votes
were secured for him by representing
to the voters that he was the regular
Republican candidate for the Legis-
lative Council of the 37th Legislative
Assembly of the Territory of New
Mexico, whereas in truth and fact
contestant was never nominated by
any Republican convention composed
of delegates from the two counties of
Santa Fe and Sandoval composing the
Sixth Council District. That said bal
lots so altered and defaced were false,
Illegal and fraudulent ballots, by