Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-09-24
THE FORM OF
THE BALLOT
To Be Used November Gone Ticket
For All Candidates and
Questions.

AHdiIIlldH II. ". burSun mas re
quested the opinion of several leading
attorneys upon the kind and character
of the ballot which is to be used in the
coming elections for Territorial dele
gate. legislative and county nominees
as well as to decide the statehood
question, and for delegates to the Con
stitutional Convention. The opinions
of two of these attorneys are publish
ed below. and they state that in their
opinion one ballot for all candidates,
and on all questions to be submitted
to the voters at the coming election
should be used
Attorney Charles A. Spiess. of Las
Vegas, writes:
Hon II. o. Bursum, Chairman Re.
publican Central Committee, Socor-
70, New Mexico.
my Dear Sir
81 have your favor of August 2Sth.
1906, IN which you request my opinion
as to VIII ether or not there is any pro.
vision Of law which prohibits the
printing of the names of candidates
for the Constitutional Convention and
the question Of whether Arizona and
New IneXicO be united to form one
state ON the same ballot, which con.
tains the name Of the nominee for
Delegate to Congress aud the nomi
nees for legislative and county Off
ces.
81 have given this matter careful
consideration and cheeriully give you
my views thereon as follows: Section
"a, of the Enabling Act passed by
Congress enabling New Mexico and
Arizona to form state government
contains this provision. That at the
general election to be held on the 9Th
day of November, 1906 all the elec-
tors of said Territories respectively
qualified to vote at such election are
hereby authorized to vote for and
choose delegates to form convention
for said Territories. ~ !" That at the
said general election and on the
same ballots on which the names of
candidates to the convention afore said
are printed there shall be submitted
TO said qualified electors of each of
said Territories question which
shall be stated on the ballot in sub
stance and form as follows. Shall Ari-
zona and New Mexico be united 20
form one state?
"The election provided for by the
above quoted sections is to be held
in virtue of Congress 1ional legislation
and directs the voters Of the two Ter
ritories to answer the question which
Is to be stated on the ballot
either in the affirmative o. the mega.
tive. Section "a contains but one lin
itation on the Mariner in which the
ballot shall be promulgated. This
limitation is whether the question of
Arizona and New Mexico be united to
form one state shall be printed on the
same ballot on which appears the
names of the delegates to the Con-
stitutional Convention. There is no
provision which prohibits the names
of the delegates to the Constitu.
tional Convention being printed
on the regular ballot upon which ap-
pears the name of the candidate for
Delegate to Congress and the names
of the nominees for legislative and
county offices.
~ therefore am of the opinion that
ballots may be promulgated which
submit the nominee for Delegate to
Congress- the nominees for legisla-
tive and county Offices as well as the
names of the candidates to the Con-
stitutional Convention, and the ques-
tion shall Arizona and New Mexico
be united to form one state to the
voters of New Mexico on the same
ballot.
"Yours very truly,
"(Signed) CHARLES A. SPIESS,"
Attorney w. B. Childers, of Albu-
.querque, says:
Hon. H. 0. Bursum Chairman Re-
publican Territorial Central Com
mittee
Dear SIR
Replying to your letter of August
2Sth, 1906 referring to that part of
Section "a of the Enabling Act, which
reads:
:" That at the said general election
and on the same ballot on which the
names ofscandidates to the convention
aforesaid are printed, there shall be
submitted to said qualified electors of
each of said Territories question
which shall be stated on the ballot in
substance and form as follows:
Shall Arizona and New Mexico be
united to form one State" (Yes).
(No).
~ see no rea son why the names OF
the delegates and this propo sition can
not be printed on the same ballot with
the candidate for Delegate to Con-
gress, legislative and county officers
The statute does not say that no other
names shall go upon the ballot but
provides that the names of candidates
for the convention shall be upon the
same ballot. In fact. If there was any
Loubt about this question, do not
believe that the ballots cast in favor
of it would ever DE questioned or held
irregular or could be thrown out.
Respectfully,
"(Signed) w. b. CHlLDERS."
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