Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-04-12
ELECTION IS NOW
CLEAR UP IN
THE AIR
SUPREME COURT MUST
NOW PASS ON QUESTION
IN Meantime, Unless Injunction
Granted to Democrats Is
Modified Entire Set of New
Officers viii Be Held Up.
who is mayor Of Albuquerque

Who is mayor Of Albuquerque?
This and the classic problem. Nov
old is ANN seem 10 be about in the
same class just now. The election re-
suit. for which something more than
two thousand voters OF Albuquerque
struggled at the polls r week ago to-
day seems 10 be as much up in the
air. as far as the mayor Is concerned.
as it appeared on election morning.
on Friday, Mayor Felix II. Lester.
through his attorney. Summers Burk-
hart, applied for and a granted a
temporary injunction restraining the
city clerk from canyassing the returns
which on their face gave Or. John w.
Elder. the republican candidate, a
majority Of one vote and the election
This injunction moi only held mp the
issuance OF tho certificate Of cleo
ton 1 o the mayor. bat also to all
ether officials who won IN the cleo
ton. Immediately following on the
Injunction. petitions we're filed by Mr..
Burkhart for alternative writs of
mandamus to compel the election
boards in wards two and three to re-
open the bollot boxes ana count GER
tain votes which il was alleged had
not been counted and which it was
contendcd should have been counted.
II was alleged that in ward two.
two votes had not been counted, n
for Mayor Lester and one for Dr.
Elder, which We're voted on the wrong
ward tickets.
In ward three il was contended
seven socialist votes had not been
counted az al.
Saturday Judge L. \. Mann and as
sociates appearing for the republic
cans, presented e demurrer to the
writ. which was argued upon points
Of law, the defendants holding hat
under the law. the election boards
| had passed ont Of existence when they
made the return and that the only
way the ballot boxes could be opened
would be in regular proceeding IN
contest in the court.
This demurrer. the court yesterday
morning overruled. The defense i'm
mediately filed their answer, urging
the same points Of law with addi-
tional argument along the same line
Counsel for Mayor Lester moved that
Judgment be granted on the %pleadings
and counsel for the defense inter-
posing M objection, the court granted
judgment on the ploadings. This
would have resulted in the Issuance
OF the writ desired. but counsel Tor
the defense then intcrposed a super
scdeas. furnishing bond in the sum
OF $500. and the court granted an APP
peal 10 the supreme court. This leaves
the matter exactly where il stood
when the injunction restraining the
canvass was granted, on motion Of the
democratic attorneys. The decfrion
on the writ oil mandamus and the
questions involved, rests with the SUI
premc court of the territory, which
win meet in May. but which does not
meet in regular session until July. In
the latter event, the m%ayoralty cleo
ton viii be tied up until hat time.
Under the existing conditions it is
assumed tina Mayor Lester Will con-
tinue 10 serve as mayor pending the
presentation and decision Of the case
by the supreme court
Unless tbs injunction issued Friday
IS modified. all other election certi-
hcatcs will also be held up. Il Il
expected, however, that an EFFORT viii
be made to secure the modification of
this injunction 20 as 10 make it apply
only 10 the mayoralty.