Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-12-22
CanvaSsing Board Decides in
Favor Of Democratic Con-
tentionS in Union County
Controversy,
JUDGE POPE MAKES FULL
STATEMENT OF THE CASE
Missing Poll Lists From Mel
rose Precinct Found in Ballot
Box White Gains Votes On
Corrected Returns.

corrected Returns,
Especial Dispatch 10 the Morning Journai.I
Santa Pc. y. NJ, Jan. 2t.--The dis
coVery Of the long missing poll lists
from the Merose precinct In Curry
county. and the decision to refer the
matter of the dispute over the sign
ing of the returns from Clayton.
Onion county, to the district court
for adjudication were probably the
most important features Of the work
Of the official canvassng board at
today's session.
When the board met this morning.
Attorney G. u. Cleveland for the
democrats, announced that he had re-
ceiVed q letter from Melrose giving
the information that the poll lists
from that county, which have been
missing, We're locked up In the ballot
box. The box was produced, opened
and the poll lists found. The attor-
neys representing the republicans
have cnntended that the returns from
the Melrose precinct should be re-
jeetcd because of the lack of the poll
list. without which there was no
means Of ascertainlng Just who voted
III WV llthtilNis II ~ HbA hiiVNn JUST
exactly what VIII be the effect OF the
discovery Of the poll list. and the
board has the matter under advise
ment. Counsel for the democrats
take the position that the returns
should be canNassed, but the repub-
licans object on the ground that the
poll list is not made out In the prop
or form and that to be part OF the
return It should be written In the
regular poll book provided for the
purpose. The list found In the ball
lot box is made out on foolscap pa
per and the number Of names II con-
tains corresponds exactly with the
number OF votes east 10 the precinct
as shown by the certificate. Should
the votes from this precinct be count
cd the election of Il. II. Hanna. pro-
gresslve candidate for the supreme
bench win be assured, as Will also
that Of Alvan n. White as state sup
erintendent OF public instruction. In
this precinct the democratic candi-
dates received majorities ranging be-
tween 60 and 20.
In the matter of the Clayton con-
troversy in which 1t was sought by
the republicans to throw out the en-
tire precinct on the ground of the re-
fusal of the Judges to sign the re-
turns, the board decided that the
facts in the case should be certified
TO the district court for Union
county. In this case the judges OF
election refused To sign the returns
and were summoned before the
board. Arriving In Santa Fe the re-
pubicans among them filed state
ment 60 the erect that gross lrnud
and intimidation characterized the
election In Clayton, that no fair cleo
tiun had been held and for this reas-
on they could not legally sign. The
democratic election officials, on the
other hand filed a statement offering
to sign The board In It's decision,
which was read by Chief Justice
Pope, held that the board was with
out power to inquire into the facts,
that It could not accept the ex parte
statements OF the election officials
who refused to sign, and that the
men who offered TO sign could do so
since that was the very purpose for
which they were summoned to san
Ia Fe. The decision of the board is
exactly in line with the contentious Of
counsel for the democrats as set
forth by Neill q. Field and Mr.. Cleve-
land. Under the law, 1t is said. the
district court has power to summon
the Judges before il, require them to
show cause why they should not sign
the returns and, II the reasons al
legged be found insufficient, punish
them for contempt IN the event of
their further refusal to sign. Just
how long the court proceedings viii
delay the canvass attorneys this al
ternoon were not prepared TO say.
Under ordinary circumstances the case
would como up before Judge Roberts
but on account Of that gentlemen be-
ing a candidate on the state ticket,
1t is considered likely he will request
another Judge 10 serve in his stead. AZ
IA believed that the matter can ne
heard in Santa Fe where All lhe
Judges are now present attending the
session OF the supreme court, IN TINS
event II is hoped that the delay VIII
not he serious one.
Following is the decision as handed
down hy Chicf Justice Pope, who act
ed as spokesman for the canvassing
board
In one OF the matters which was
submitted to the commission within
the last day or two, the commission
s prepared 10 make an announce
ment. being tho matter relating to
precinct NJ III ltHlbH ApNltet
known as the clayton precinct.
THE condition which confronts the
commission at this time Is the fact
that the poll book was not certified.
In response to subpoena heretofore
issued requiring the judges and
clerks of election to appear and per-
form their duty under the statute, all
three judges and both clerks have ap-
peared.
zone Of the judges and one of tho
clerks have Offered TO sign the certif-
icate as IL remains blank upon the
poll book. and 10 fill out the same In
accordance with the tallies on tho
poll book In accordance with the
statue. The other two Judges, and
believe the other clerk. answer that
the election was improperly conduct
cd, that the return does not carry
rerlir- and thai HAY Ara Isux}llinxx ~