Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-11-16

{ cessarily travelled
The papers received with your let
ter are returned.
Respectfully,
R. A. BALLINGER,
Secretary.
Washington, Nov. 10, 1910.
The Honorable the Secretary of the
Interior.
Sir-You request my decision of
the question stated in your letter OF
November 4, 1910, as follows:
"There is enclosed letter from the
secretary of New Mexico dated Octo
Der 81, 1910, together with certain
correspondence transmitted by him
which shows the difficulties the au-
thorities of the several counties of
the Territory have had and will have
in getting the ballot boxes delivered
from the county seats to the various
precincts and the return thereof from
the po1Hrg places to the county seats,
Section 20 of the act of the legis-
lature of the Territory of New Mex
leo approved March IS, 1897, is in
part as follows;
Messengers appointed to convey
the ballot boxes and poll books to the
several precincts of the counties Of
this Territory for such general cleo
/ tons. shall each receive as full COM
pensation not to exceed five cents per
mile, each way, for the actual dis
tance necessarily travelled from the
county seat to the place of holding
such election; and the messenger ap-
pointed to carry the returns of such
/ election, including the ballot box and
poll books from each precinct of the
| respective counties to the county seat
thereof. shall receive as full compen-
sation for such service not to exceed
! five cents per mile each way, for the
distance actually and necessarily
| travelled.
"The statehood act approved June
20, 1910, (36 Stat. 558), provides,
lamong other things, that:
! "'Such election for delegates shall
| be held and conducted. the returns
made. and the certificates of persons
| elected to such convention issued, as
nearly as may be, in the same man.
ner as is prescribed by the laws of
said territory regulating elections
| therein of members of the legislature
existing at the time of the last cleo
! ton of said members of the legisla-
ture; and the provisions of said laws
/ in all respects, including the qualifi-
cations of electors and registration,
are hereby made applicable to the
election herein provided for
| The secretary of New Mexico ex-
jpressed fear that great difficulty will
be experienced in having the ballot
boxes delivered and returned in con-
nection with the election to be held
on the constitution if the law of the
Territory relating thereto is rigidly
followed, and | have to request that
you advise this department whether,
under the words as nearly as may
be- used in the statehood act, this de-
partment has authority to fix reason
able compensation of such messen-
gers in accordance with the custom
heretofore existing in the Territory" ;"
| Section II of the act of June 20,
1910, (36 Stat. 56S), provides:
Section II. That the sum of one
hundred thousand dollars, or so much
thereof as may be necessary, is here
| by appropriated, out of any money in
the treasury not otherwise appropriat-
ed, for defraying all and every kind
and character of expense incident to
the elections and convention provid-
ed for in this act; that is, the pay
ment of the expenses of holding the
election for members of the constitu.
| tional convention and the election for
the ratification of the constitution, at
the same rates that are paid for SINH
lar services under the territorial
laws, and for the payment of the
mileage for and salaries of members
of the constitutional convention at the
same rates that are paid to members
of the said territorial legislature un-
der national law, and for the payment
of all proper and necessary expenses,
officers, clerks, and messengers there
OF, and printing and other expenses
| ---------------------------