Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-04-09


against J. p. Lucero, Luis Il. Montoya,
Julian Trujillo and Manuel Cordoya,
members OF this house, most respect
fully report that Immediately upon
the appointment OF this committee,
under the resolution of the house,
we entered upon the investigation
OF the charges named. The taking OF
testimony covered period Of several
The committee was represented by
Judge y. II. Wright. as It's counsel;
and the Hon. G. w. Prichard and
Hon. B. VI. Read appeared before tho
committee for the accused.
AS viii be seen by the testimony,
which we submit herewith as a part
of this report, we went into every
phase Of the questions presented 10
the committee. We not only consider
cd the question OF the innocence or
guilt OF the accused, but we took up
the question OF the alleged plot and
conspiracy against them. and also
the question as TO whether the priyi-
lodges and prerogatives OF this house
that have been lnterfered with by
another branch OF this government in
the manner OF the arrest and the im-
prlsonment and detention Of the ac-
cused members.
Under the resolution creating this
committee. there were four charges
preferred against the accused mem-
bers. One of the charges was Tor
accepting a bribe, and three OF the
charges were for soliciting brides for
the.i votes for United states sena-
tor.
After the testimony was all In the
charge OF soliciting brides from divers
persons was dropped, as there was no
proof TO sustain that charge
This left three charges 10 be con-
sidered by the committee.
This inquiry arises under Art. ~,
section 49, of the constitution OF this
state. reads as follows;
eAny member OF the legislature who
shall vote Or use his influence for or
against any matter pending In either
house Ia consideration OF any money,
thing Of value, or prOm-se theron,
shall BE- deemed guilty OF bribery, and
any member OF the legislature or
other person who shall directly or in
directly. oncr give or promise any
money. thing of value, privilege or
l,ersonal advantage, TO any member OF
the legislature 70 influence him 10
work for or against any matter pehd-
ing In either house; or any member
Of the legislature, who shall solicit OF
any person or corporation any money,
thing Of value or personal advantage
for his vote or influence as such mem
Der shall be- deemed guilty OF solicita-
ton OF bribery"
In order to constitute the ofense
OF bribery under the above provision
Of the constitution, al least two things
must occur, viz. The acceptance oi
a consideration 10 vote for or against
a matter pending In the house aud the
voting for or against such matter as
agreed upon, The evidence does not
show that either OF these things oc-
CURED IN this case. aud hence no
acceptance OF bribe has been proven.
This leaves 10 be considered me two
charges OF soliciting brlbe. n tle
accused are 10 be found guilty OF
soliciting brides, Il must be ON the un-
cOrrObofated statement of Elfego
ilaGa. The other witnesses In the
case against the accused simply GO.
pegted what naCa said 20 them ABOUT
soliciting money II appears that the
witness Baea contradlctod himself as
10 what was said by the accused on
the 10th day OF March, in room 50
of the Palace hotel. lie tells this
committee That the accused memner
M0nioya said. II want 10 stote Tor
myself ] want 10 help whoever holps
me" Then the witness asked hlm.
l"Whaf DO you meanY DO you mean
Ia say You want money! Then he
says M0nt0ya answered. Thai Is