Deming graphic. (Deming, N.M.) 1903-1948, 1914-04-03
ORYS WIN
LOCAL OPTION FIGHT
Judge Neblett Decides Against Vets
And Orders That Prohibition
Ordnance be Passed.
Number OF Persons From Border
Town Present Al Nearing Tues.
day In District Court.

Inc '0liiiiib,is "l)rys' won Tues
day in the district court here whc,
Judge Colin Neblett sustained thei,
motion asking that the answer oI
the "Wcts" he stricken from ihc
files for the reason that il did not
pnrport to be- the answer OF the
board Of village trustees of Colum-
bus alleging fraud in the election,
but merely of three individual mem.
her, Of the board. and that. in it,
corpornIe capacity, no answer had
been made. The motion further ask
cd that n peremptory writ Of man
damus he issued compelling il to pass
u prohibition ordinance, for the rea
son that. even il the answer on file
could be- treated as an answer by the
board. il admitted all the material
allegations of the writ and raised no
ISSUES except such as were imma
terial in manduamus proceedings,
The motion was sustained on both
grounds. il bcing held that the only
answer that could be received would
be one eminating from the board of
trustees in its corporate capacity.
and that in mandamns proceedings
allegations of fraud in elections could
not be- heard. the certificate of elec-
ton constituting a prima facie right
to the adopt of prohibition crdi-
nance.
PROHIBITION ELECTION
The ease grew ont of n prohibition
election. held about two months ago
in Columbus under the local option
law which was passed Al the last
session Of the legislature. This law
provides that on the presentation Of
a petition. bearing signatures III
number equal TO twenty-five per cent
of the votes east for the leading can
didate in the preceding municipal
election, the board of trustees shall
forthwith call an election To deter
mine whether or not saloons be per
mitted to operate within the cor
poralc limits of the town. II n ma
iority of votes are east in favor of
prohibition, the board of trustees
must at once pass an ordinance put
ting the will of the voters into effect,
"DRYS" WON ELECTION
The election was called in due form
and the result showed that thirty
ballots had been east for prohibitions
and twenty-five against prohibition.
Nine votes were not received by the
iudccs of the election. The returns
were dnly certified to the board "i
trustees who refused to pass ih"
ordinance. The .Drys' obtained an
alternative writ of mandamus requir
ing the board to either pass tn" or
dinance or show cause why II should
not do 50.
HELD ELECTION ILLEGAL
An answer was filed by the "Wel
members of the board, C.. c. Hoover,
r. II. Pennington, and Charles Bonr-
ceois, in which they alleged that they
could not legally pass the ordinance
becouse of fraud in the election prae-
ticed by the election Judges in rei,'s-
inc eiph, of the nine votes OF qunlill-
ed electors who desired to vote
against prohibition. and receiving
three votes for prohibition east by
unoualified electors. They further
alleged that this fraud had changed
the result of the election and that the
certificate filed did not represent the
true result.
Attorneys john e. Watson and
Fred Sherman represented tue
"Drys." and Attorney X. +. Hamll-
ton and A. A. Tcmke represented the
"Wets." A number of supporters oi
botn factions were up from the bor-
der city to hear the arguments
The opinion was expressed tha'
the "wets" probably would take an
appeal in the ease.