Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-12-22

renee of the other judges, or at least
a majority thereof, the board is not
at this time entirely clear; the en-
tering of the result of this tally upon
the certificate is really a concurrent
act which should have been done be-
fore, but in any event it becomes
merely a matter of clerical detail
since the basis is fixed by statute.
We therefore at this time rule that
this Judge and this clerk of election
may sign the certificate attached to
the Clayton book, with the under
standing, of course, that in filling out
of that certificate subsequently, If
hereafter done, it will be done in ac-
cordance with the law and the tallies
are contained in the book.
The second question is the attitude
of this board toward the clerks and
jldges who at this time refuse, for
reasons heretofore set up in the re
turn left with the board, to sign this
certificate. The determination of this
matter depends to some extent upon
the powers Of this board. It is to be
noted that in the Enabling Act we
are required to canvass only legal
votes, and the contention may, per-
haps, and has been urged to some ex-
tent, that that imposed upon this
board the duty of discriminating be.
tween what is legal and illegal votes,
and therefore vested it with judicial
powers to that extent. The board has
considered this contention and has
reached the conclusion that so far as
words legal votes'' are mentioned in
the Enabling Act which must be
counted by this board, that that does
not invest this board with any judi
cial powers, but that its duties and
powers are as possessed by an ordi-
nary board of canvassers, and by a
board OF county commissioners which
would ordinarily deal with such an
election as this. The word legal, we
take it to mean that this board must
exercise discrimination where upon
the face of the returns it shows the
vote is illegal or excessive, but it does
not invest us with legal powers to de-
termine the legality Of any vote.
This being the case we have before
us return from two of the Judges
to the effect that this election was
improperly conducted and that they
cannot sign. We take it that that
portion of the return is purely eviden-
tial, and for this board upon this ex
parte statement to hold that this re-
turn cannot be entertained here would
be to decide matter without full
judicial hearing from, both sides. The
board therefore feels that it cannot
upon this ex parte statement of the
conditions surrounding this election,
reject this return. Our view is there.
fore, that We have recourse to the
statute, our powers as to this matter
being so strongly analogous to those
of the board of county commissioners.
These provisions of statute are that
in such a case as this, the Commits.
sion shall pass on to the court of the
district by certificate, the fact Of the
failure and refusal of the judges to
sign, for such proceedings as may be
pursuant to law. We therefore feel
in this matter, that upon this refusa:
by these other officers o concur in
this return, our duty is to certify il
| to the district court of the proper
county and district to be dealt with
according to law, and that certificate
will therefore be forthwith made by
the Commission.
Transfer from Cheyenne.
A dispatch received in the Office o
the field division of the general lant
office here states that Mr.. Laird O
Cheyenne, Wyo, has been assigned t
duty here.
Homestead Entries.
The following homestead entrie!
were recorded IN the local land offic,
yesterday: Ralph w. Alervine
Mountainair; william H. King, Col
NOR; saturnino Candelario, Artaque
Eduardo Gutierrez, Artaque; Elsit
Cummings, Tampacio.
Notary Public.
4 SsD. al. porterHAld of AlhnnIar