Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-01-09
MODESTO HAS HAD
QUITE ENOUGH OF
THAT CONTEST
DECIDES HE WOULD LIKE
TO DROP IT SUDDENLY
Loses All laundering After the Seat
in the Legislative House Of Fran
cisco Lucero y MOntoya When
Time for Taking Testimony Comes

Modesto ortiz, late lamented candi-
date for legislator on the Hubbell
ticket. like Slavic. has. found out after
many days that ne Is licked.
It took Modesto a long time.
Several weeks g Modesto filed NO
tice Of contest Of the election Of Fran
cisco Iuecro y Montoya, candidate for
the legislative house on the Peoples
ticket. MontoYa having only a bare
majority Of 1853 votes. The date men,
Toned for taking Of testimony ia the
contest was January 8 at 10 a. m, be-
fore Justice Of the Peace Atanacio Ba-
rcla IN Precinct No. r, Barelas. Yes
terday when Attorney Elfego Baca
made his appearance In behalf Of the
contested 10 aid in the hearing Of the
contest. Modesto. after prolonged o
sultation with his friends on the mat
ter was seized with extremely cold
feet. Finally after considerable hem
miningand having. Modesto announced
that he didn't want any more to do
with the contest ana II was all off,
This decision Of Modesto was espec-
tally maRnanimous because of the mar
row margin M%ontoya had to go on
only 1859 votes. Montoya received a
total Of 1850 votes and Modesto a to-
tai of 1907.
Yesterday Attorney Elfego Baca for
Montaya went 10 the Justice Of the
peace and notified him and the plain
tiff IN the case that the contestee was
sick and in the hospital and on that
account would not be able to appear
In person, but that he. Baca, had a
s~tenogfapher and Interpreter ready to
taxi down any testimony submitted by
the contestant ana would be glad to
cross examine m witnesses Of cOntes-
tant. On hearing this announcement
Modesto Ortiz went into a secret, pri-
Vate. and occult conference with 'Sla-
VIC Vigil and other trusted friends. Al
1890 a.. m, Mr.. Baca announced that
he was ready to go on with the rat
KILN. Then the justice of the peace
called into the conference behind
closed doors with slavic, Modesto and
others. When the justice emerged Mr..
Baca repeated that he was ready, and
the Justice announced with some con-
yietlon that he wouldn't hear the evil
denee under any consideration. Mr..
Baca then stated to MT. ORTIZ that he
was willing TO agree on a notary pub
lie Ia swear the witnesses, would agree
on a s-tenoRrapher and Interpreter,
was willing for Ortiz to lnterrogate the
witnesses. and. allowing him, Baca. to
cross examine them, the evidence
could be taken down and nicely trans
cribed. certified to by both stenogra-
pher and notary. and he, Baca. was
willing 10 take the contest I'm this form
to the legislature.
Modesto hdgeted around a while
longer and pulled his mustache and
glared. Finally he announced in the
Of about twenty witnesses
that he refused the proposition. =
don't want anything more to do with
the old contest declared Modesto.
And the meeting adjourned.
1t has been rumored IN certain quar-
ters that Modesto was ribbed IN to
making the contest by the bunch,
wished to bluff Mr.. Montoya into
making pledges to them OF support In
the legislature. The notice Of contest,
which was one short and somowha
illegible page of typewriter matter,
alleged grave irregularities in the con-
duct of the election and the count In
ten precincts. The exact nature Of
these frauds was not specified.