Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-12-21

| Especial Dispatch to the Morning Journal
| Santa re, n. NJ, Dee. 20.--The en-
tire session of the canvassing hoard
was taken up today hearing argu-
ments of counsel in the case of o. l..
owen, whose election as q corpora
| tion commissioner Is In dispute. and
with arguments for and against
cints OF Clayton, Union county, Mel
rose, Curry county. and Reserve and
| lCaftnahv, Socoffn county
Arguments We're first made In the
case Of @. l.. owen. A brief on be-
| half of George II. Van Stone, pro-
| gressive republican candidate for cor
poration commissioner was present
F., cd by his counsel, Francis G.. Wilson
| of this city. The brief set out ex-
pllcitly that II was not filed In the
nature OF contesting the election of
| Mr.. owen or to take advant-
age OF any misfortune that may have
| betallen this candidate. but was fill
ed merely to advise the canvassing
board as to the points az issue. The
| brief then recites that the board In
| without authority to count the votes
cast for "Sol' owen, as having been
cast for O. l., owen. Mr.. owen was
represented by Attorney ii. l.. Pat
| ton, of Clovis, who argued that the
votes cast for "Sor' owen should be
counted for o. l.. owen. Mr., Patton
| Submitted a lengthy brief In which
numerous authorities are quoted In
support of this contention.
The afternoon session was taken up
in arguments over the question Of in
| Guiding the returns from Merose
| precinct, In the clayton precinct and
| in the precincts of Reserve and Garth
precincts no poll books were sent In.
In the Reserve precinct the election
Judges enclosed the registration books.
| with the names therein checked. Tho
! names registered corresponded with
the number OF votes east. In the Mel
rose precinct no registration lists
We're sent In the canvassing board
sent for the lists, but the names on
the registration books do not cores
pond with the number of votes cast
as indicated by the certified returns.
The republicans were represented
In the arguments by Judge "A. b. Fali,
n. B. Catron and Charles A. Spiess,
while Attorneys Neill y. Field of AL
buquerque, and G.. ID. Cleveland, of
Las Vegas, appeared on behalf OF the
democrats. The democrats contend
that In the dispute over the returns
from the Clayton precinct, where the
election judges failed to certify to
the returns, the board should In
struct the election judges to do so
and upon their failure TO obey, should
order them cited before the district
court of Union county 10 face punish
ment for contempt. on the other hand
the republicans alleged that enough
evidence of fraud has been revealed
to justify the board throwing out the
vote Of this precinct altogether. A de-
cision in the Clayton dispute is ex-
pected tomorrow.
It developed today that owing TO
clerical error In the course Of the
official canvass, 81 votes In precinct
2, San Juan county, had been count
ed as being cast for Stroup Instead
OF for White. for superintendent of
public instruction. A correction was
made today making the standing of
the two candidates as follows:
Stroup, 29,06t. White, 2904S. This
undoubtedly means the election OF
White, provided the disputed pre-
cincts are not thrown out but their
vote included in the complete re-
turns.
The decision Of the board In tho
clayton precinct dispute VIII also de-
eide the election of one supreme court
Justice and the district judge of the
Eighth judicial district as between
Reed Hollomau, republican, and T. G.
Lieb, democrat Lieb is elected IL the
clayton vote Is counted.
Every indication points to the
completion of the canvasslng boards
work by Saturday at the very latest.
which will permit of the telegraphing
of the result of the official canvass to
President Taft, who has advised tho
board that he win forthwith issue his
proclamation admitting New Mexico
as state. Hope has not yet been
abandoned that statehood will be
forthcoming as Christmas present.
Plans for the inauguration continue
with the idea Of holding that MEM
orable event on January !. However,