The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-01-21

- 49," w.
sentstion Of this contest on behalf ~
the men they have elected hy decided
maiorities To- represent Union county
IN this legislature. IN the beginning
OF my remarks I wish To state that
what ! shall have 10 say IN this mat
ter will not be from a partisan stand.
point. Tor J feei that Toombs and
Nigil. the contestants. are almost
Democrats. I say this. gentlemen.
because for the past three months.
since the election was held. they have
been pursuing the policy that has
made President Wilson's adminlstra-
ton famous, the policy Of watchful
waiting.
Hut let's get down to the facts ia
the case. What I shall sny viii be
based on the evidence. The report
which Mr.. Ryan and myself have
made Is the result OF a dilisent search
and study of tho record. wish to
say That we have searched the record
promptly. and ! shall demonstrate to
you by reading a part Of the record.
mat there b. no question 81 any
fraud. or any irregularities In the
election In Union county with the
possible exception Of three votes. and
that these three votes could not pos
sibly change the result Of the cleo
ton. a. the Mr. Smith had a major
ity over Mr.. Toombs Of 50. while the
majority Of Mr.. Miera over Mr.. ViEil
was 22s. Who will say IN the tace
~ these facts mr. shown by the roc.
ora, which by your vote you have re-
fused 10 hear read. that these two
mon, with their majorities Of 50 and
226. respectively. shall have their
seats IN this house pilfcred by the
men whom the voters of Union coun-
" have refused 10 trust.
The first charge In this case has
not been proven, the charge Of gem
ernl fraud. The record ~ silent on
this charge there has not been tho
slightest attempt on The part Of the
contestants TO prove fraud. and I AS
sumo that IL there had been fraud the
contestants would have proven a..
There Is not q word OF evidence In
this record that any voter IN Union
county was deprived ~ the right 20
vote; and yet. my friends. they will
ASK % 10 cast aside the majority
~ 50 for Smith. and the majority Of
226 for Miera. ana scat Tonmhs and
Virii
Passing to the second charge con-
tanned in notice Of contest. we hud
that o. BE- alleged That hy reason Of
the failure Of tho clerk To deliver the
ballot box in Precinct No Z there
was no election In that precinct. and
that fifty voters were deprived OF the
rHwRF .a.H. ..u a.. 1T ....
her 80 or 10 would have voted FOR the
contestants. Let's compel them 90
prove that there were fifty votes In
that precinct J hold i'm my hand the
blue hook for the e 1913. which as
YOU all know contains the vote ~
every precinct for the yea ial2. RE-
Eardiug the vote IN hat precinct for
the wear 1912. and ! take Il that In
the election OF i9t2 there would be
the fun vote Of that precinct at The
polls, because in hat election The
people Of Now Mexico for M first
time Boz the history of our state had
the opportunity of exercising the
p%rorogativc OF voting for presidential
electors. tho blue hook. at page $50,
shows the vote In that precinct tu
have been - Tor Ferguson and a.
FOR jana, there being only - votes
cast ln the precinct Gentlemen. I
have called your attention Go tho blue
book ut page $50. which shows there
are only o. votes bon Precinct 4. aud
yet the contestants In this ease have
the nerve 10 charge that there are so
votes In this precinct. aud hat they
would have received 30 ur 90 81 his
..Hs..HMT -H .-H .a 81
word for the record OF the vote
Boo this precinct as shown by the blue
book, but here is the blue book. /
ask that any member Of this house
who doubts h statement 7 have
made, take the blue book and satisfy
himself as to the number of votes IN
that precinct, and he will find that
there are only 90. az I have stated.
my friends. by the statistics Of
this state 10 is proven that these men
could not have been deprived Of 50
or 80 votes IN this precinct. ns they
illege. hut that there urc only 20
votes iu the precinct. and the best
they could possibly get was an even
break and that they lost nothing.
Gentlemen ~ the jury hope !
'N"F "flN"N SEQ NNA hN "a INNN 'fif
wish that ! might have hat conf
dcuc' I would have were facing
a jury, that nu Will decide this mat
ter uu the facts and not from party
prejudice. only hope hat by your
verdict today goa may raise the
ideals of New Mexico manhood by
showing YOU can rise above party
prejudice and decide this case on its
merits. thus establishing "a precedent
for honesty Of purpose that will int
spire the iuries 81 our courts to more
Careful consideration OF cases they
are called upon 60 decide. : wish You
would consider this case ~ YOU would
a murder cuso, FOR gentlemen, after
All, Il is nothing more than u murder
for h IS q wilful. deliberate and
ptcmcditJted slaughter of me will ui
the people Of Union county. as cX-
pressed by their ballots.
Gentlemen are YOU going Co say In
the face Of this record. which YOU re-
fused 20 hear read to this house. and
IN the face of tho vote as shown 10y
the blue book. that the contestants
were deprived OF 30 or 90 votes In
Precinct 80. a. THAT b. what the
contestants are asking you to do, and
Il YOU do 10 the mantle OF Shame will
your check. n dare say