El Paso herald. (El Paso, Tex.) 1901-1931, 1912-09-04
Sustains the Contention that
Notice Was Not Given in
Time-Will Appeal.

Bv vote Of TO II the executive
committee as a whole voted Tuesday
afternoon that there was no election
contest. The voting on that issue
came as the last proceedings Of the
meeting called Tuesday afternoon by
chairman Tom Lea for the purpose OF
reviewing the testimony and findings
of the subcommittee which had been
appointed by the executive committee
to hear the witnesses in the contest
Before submitting the proposition as
to whether or not there was a con-
test existing under the la =, which was
embodied in motion made by judge
Peyton F. Edwards, chairman Lea per-
mitted the attorneys, judge Seymour
Thurmond, representing the contest
ants and Judge T. A Falvey, attorney
of law involved
AS was contended by judge Falvey
at the inception of the appointment OF
the subcommittee, the attorney for the
contestees argued that there could be
no contest for the reason that the con-
testants had failed to file the notice
of their contest with the county clerk
within the 5 days specified by law For
that reason the judge contended that
the committee did not have JuriSd1c-
ton of the contest The argument OF
judge Thurmond on behalf of the con-
testants was to the effect that the ar
ticle cited by judge FalYey in support
of his claims did not govern the case.
He made an appeal to the maphood and
honesty Of the committeeman in call
ing on them to vote against the motion
to Dust the contest After the arSu-
ments of the counsel which consumed
considerable time, chairman Lea put
the issue to a vote, and the motion
was carried.
Three Days to Prepare Appeal.
Following the action of the execu-
tive committee, judge Thurmond has
three days within which to prepare
and file an appeal in one of the dis
trict courts. He was asked Tuesday
if he then wanted to give notice OF
appeal The. contestants are deter
mined to carry the contest TO the
higher courts, it is said.
Aside from reading the recommends
ton of the majority of the subcom-
mittee Tuesday afternoon, no other
matters were inquired into by the
members Of the executive committee.
When the meeting was called to
order, judge ThurmOnd raised q point
of objection to the seating Of S. c.
McVey, Jacinto POrras, and Ramon
Gomez. on the ground that they were
election judges and candidates on the
tickets when elected as committee
men. Judge Falvey contended the
contested committee had the right to
vote on the question of the contest
inasmuch as it did not touch their own
lnulNluual cases JuuSe
held the contrary view. When put to
a vote the question as to whether they
were entitled to seats resulted in a
tie Chairman Lea casting the decid-
ing vote.
Following c. W. MarshalTs motion
to the effect that the ballot boxes
from some of the precincts be thrown
out the question as to the right OF
the three contested committeeman to
serve was again raised as an issue.
When it was voted on for the second
time chairman Lea omitted their
names, and judge Peyton F. Edwards
objected to it.
That is the ruling of the chair"
said Lea.
There are others here besides the
chair" said the judge, "and if you do
not call their names I will" He pro-
ceeded to do so. The three committee
men voted in their own favor. They