Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1913-01-02
HE COURTS FINDINGS
IN CITY ELECTION CASE
Continued from Page IL

for Cobolini, it was found, was not a citi-
zen of the United States at the time of
| the election. That evidence was INSULT
| cnent to show that Severa Ayala and
| Jose Fermin CavaZOs, who voted for
| Cole, were not duly qualified voters at the
| time of casting their ballots. That Pan
falcon COrtez and Refugio CorteZ were
| not residents of the city and not entitled
to vote. That Nathan Lightburn and
| EleutOrio Salazar, who voted for CObO-
lini, had not been in the city long enough
to vote here. That one man who voted
0ny and was not qualified to vote. THAI
MateO BetancOurt, who voted for CObO-
lini, was entitled to cast his vote in the
second ward. That Il. NJ. McDavitt, J..
X. McDavitt and Juan Torres Vale, who
voted for CObolini, had not resided with
in the city limits a sufficient time to
cast a vote in a municipal election. That
Librado Hernandez. BaciliO Hernandez
and Felipe Hernandez, who voted for Co
bOlini, were duly qualified voters. That
Francisco Castillo, Vivien Nieto, Rosen-
do Plata and William Kelly, Cobolini
voters, were not qualified. That ID. II.
Cummins, l.. III. Bates, Jose Sanchez and
eight others who voted for CObolini were
qualified voters. That Thomas Hogan
was not qualified, and Herman Schneider
and Roy Hallmark, CObolini voters, were
not qualified voters. That Jose Aguilar
and DOrOteO Aguilar, Cole voters, were
not qualified. That the votes of w. L.
Hawkins and two other voters, should be
counted.
Judge Hopkins finds that I. CobOlini
received 657 legal votes and A. b. Cole
received GIL legal votes.
From the facts, Judge Hopkins in his
findings concludes as a matter of law.
1. That there was such action and
want of action on the part of the officers
| to whom the conduct of this election was
entrusted in the first, second and fourth
wards of the city of Brownsville, that
such a number of legal voters were de
MED the privilege of voting, as, had they
been allowed to vote, would lave ma
terially changed the result of the elec
ton.
?. That there were such illegalities In
the conduct of such election by the Off
GERS to whom the conduct thereof was en-
trusted in the first. second and fourth
wards of the city Of Brownsville as to
make the true result Of such election i'm
possible of ascertainment by this court.
3. That by reason of the alternate sys-
TEN of voting enforced by armed military
and police supervision at such election
the sO-called city election held in the city
of Brownsville, Texas, on the second day
Of April, 1912. was in fact no election at
all within contemplation Of law, but d
mere system of tallying which i'll effect
DISTINGUISHED the Mexican voters of the
city of Brownsville who could not pre-
pare their own ballots, by requiring them
to cancel their votes by voting in pairs Of
opposite political beliefs, as a condition
precedent to voting at all. and which
charged upon partisan police officers the
duty of discriminating between voters
who could, and those who could not, pre-
pare their own ballots; and which i'm
| posed upon those voters who in the opin-
ion Of such police officers could not pre-
pare their W ballots more OnerOus con-
ditiOns as a prerequisite to voting than
were imposed upon such voters as were,
in the opinion Of such police officers, com
petent to prepare their W ballots.
A. / find that as the said election was
conducted the purity and secrecy of the
ballot were destroyed and a fair election
was made impossible, and that the cleo
ton is therefore illegal and void.
Witness my hand on this the 3Oth day
of December, A. d. 1912.
w. 3. HOPKINS.
Judge of the 2Sth Judicial District of
Texas