Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-02-24
Writes Member Of Senate Com
mittee on Territories Denying
Charges Of Intimidation and
Fraud.
BALLOTS AGAINST THE
CONSTITUTION AVAILABLE
Sons of Veterans Also Send
Sworn Statement That Elec-
ton Was Honestly and Legal
UConducted Here.


and to all appearance fair election than
that one anywhere" says Judge Ira
A. A. Abbott of the district court here
IN a letter transmitted yesterday to
Senator Dillingham;, member OF the
senate committee on territories, IN
which Judge Abbott denies the
charges of fraud at the recent con-
sttutional election now being cir
culated in Washington. Judge Ap-
bott's letter ought to carry consider
able weight as it is couched In dlgnl-
fled and conservative language whiie
at the same time quite emphatic IN
tenor and is backed by the judges
high standing at Washington and in
New England The letter follows:
Senator w. P. Dillingham;, Washing
ton. ID. c..
NV Dear Senator: The charges
made before the committee on terri
tories against the fairness of the vote
in this territory by which the pro-
posed constitution was approved by
an overwhelming majority have come
TO my notice through the newspaper
reports of them. AS you know,
have lived in New England all my
life until six years ago when ! was
appointed to my present position by
President Roosevelt. l have WIT
messed elections In Vermont, New
Hampshire and Massachusetts, chiel-
ly the latter state where | nave speht
most of my life. and ! was mere IN
.tlbuauerqlIe, the largest city IN New
Mexico, and saw the voting In pro-
gress AZ different times during the
day. ] never saw more orderly,
open, and to all appearance, fair
election than that one anywhere. IL
Is claimed | see, that ballots against
the constitution could not be obtained.
That was not the case here There
was some difficulty, ! understand, III
some small and remote communities
in finding responsible persons VINO
were opposed to the constitution 10
take charge of the negative ballots
and distribute them, the danger being
that If they were entrusted 10 IRE
sponsibe persons and lost or Destroy
ed, the officers whose duty 1t was TO
have them printed would be blamed
for the loss.
II Is also charged that the saloons
were open contrary to law. the ques-
ton whether the law OF New Mex
leo forbidding the opening or saloons
for business on general election days
applies to elections under the enap-
ling act, (Which, unfortunately CON
tains no provision on the suDJectl' Is
pending is court Certain saiooh
keepers in this city were indicted ior
having their saloons open on the uay
of the election of delegates TO the
constitutional convention. Tney EN-
ployed counsel claiming that theT
acts were not contrary to law, ana .,'c
70 x1roN
Supreme court for final decision. bu'
the saloons were closed here, accord
ing 10 my observation and reliable m
formation, during the progress OF the
voting on the adoption of the consu-
tuition, which began at nine O'Clock
a. M. and closed at six p. m
1t would be strange II in territory
of such vast extent there were no
Irregularities in the voting OF tnat
day, but | am confident. on the IN
formation | have had from dftferent
parts of the territory that the per-
centage of votes which for any reason
failed to be cast against the consutu-
ton, or were improperly cast lor IT,
II there were any of the last class,
which I have never heard claimed
here-was inconsiderable. There
were some opposed to the constitu-
tion, for various reasons, as the case
always is. but the desire for statehood
was so stronq and e-o-aral that 1t was
a foregone conclusion Ii would ne
adopted, and believe that If 1t were
resubmitted the majority Tor 1t would
be still larger
| address YOU rather than the CHAIR
man OF the committee because OF my
acquaintance with you. but ] would
like to have this letter laid before
the committee. ..
Since came to my present office
have been very careful to Keep 'hs
court Of which | am the judge out vi
politics and to that end nave myseil
wholly abstained from taking any
part in political contests, except as
they have sometimes been brought
into court. But neither political party
opposed the constitution, as a party
and republicans and democrats wed
with each other in working Tor its
adoption. 7 therefore feel at liberty
to call the attention of your commit
tee to what | have stated, and indeed
think Ii my duty to do so In JUS
tice to the territory.
Very truly yours.
IRA A. ABBOTT.
Associate Justice of the supreme court
OF New Mexico and judge of the
Second judicial district
Albuquerque, n. M. Feb. %. lsll
SONS OF VETERANS SEND
SWORN DENIAL OF CHARGES
The members of Kit Carson Camp,
Sons of Veterans. OF this city have i'm.
mediately followed the example OF
the Sons of the Revolution and yes
terday mailed a sworn statement TO-
washington denying the charges as to
the election and characterizing them
as'false. Unjust and malicious" This
ietter was as follows:
Albuquerque, N. NJ. Feb 30, 1911.
70 the Hon. r. l.. Hamilton. Chair
man on Territories of the House Of
representatives. Washington y. G
Dear Sir We, the undersigned Of