The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-01-22
Bribery Charged


4
answer whatever or any denial Of the
charges sct forth In said contested
election and Is therefore In default.
'The statutes Of New Mexico rel
iaslng to election contests before the
district court expressly provide that
The respondent tcontcstee)
must file his answer TO the no.
tice of contest and serve o copy
thereof on tho contestant within
30 days from the time OF notice
Of contest upon him and
ans material facts alleged In the
notice Of contest not spocifcal-
~ denied nv HE answer within
tho time aforesaid shall be taken
and considered as true
"According 20 the principles OF law
and the rules Of procedure every
where applicable, the contested cleo
tion eases triabie before the court
and according 60 the authorities upon
the rules. law and procedure In cleo
ton contests before legislative bod
les as presented before your com
mittee, the failure Of Rafael Garcia.
contcstec. 10 answer and deny the al
legations ~ the notice OF contest is
equivalent in law TO an assertion 81
tho truth 81 mh allegations and ~
fatal 10 his case.
Your committee. however. has ox-
amined the evidence OF the contest
ant and contestee and finds consider
able evidence In support Of the alle-
cations Ia the contest notice that the
az persons whose names were set out
In said notice. and who were known
90 be lifelong Republicans. were
bribcd 10 vote for the Democrats
candidate, Rafael Garcia. by mn
pioyment. OF promises OF employ
ment, or work. upon the public high
way, and that lf a fair election had
been held in said Alameda precinct
the contestant. Modesto q. Ortiz.
would have received enough more
votes to have given him a plurality
over said contestee. Rafael Garcia. in
said precinct Of Alameda and county
OF Bernalillo 10 have insured his cleo
ton.
We, the majority OF the commit
tee. therefore. find that the contest
ant, Modesto G. Ortiz, was duly aud
NV AHAAa NifNANN "a NNfNNNfN nN tine
house or representatives from Berna-
lilo county az the said election held
ON the said third day of November.
isl4' over the contestee. Rafael Gar
ctq. and that the said AIOdesto -. or
ttz Il entitled Ia the seat as member
OF the house % representative from
said county or Bernalino."
This report. which was made e..
Iective by "a formal resolution al the
~ OF the session. has been drawn
WIN considerably more care and de-
tail tina any OF the other contest
findings % the majority. ana il would
therefore seem that they consider Il
their strongest cuse.
The report Of the minority which
~ b usual clean-cut dental Of AN
the allegations. Is as follows:
The report Of the minority Of the
committee on privileges and elections
is az follows.
We, II. II. Ryan and Henry swan.
members of h house committee on
privileges n elections, TO which
committee the above ana foregoing
contest was submitted by the house
aud In which contest the said COM
testnnt contests the right Of tho con
tertee To sit as a member OF this
house. do hereby submit our report
AS follows.
After due ana dillgent search of
the pleadings and evidence and hear
Ing OF argument and counsel Of the
representative parties In the above
cause we find
That the allegations contained IN
contestants notice OF contest are
wholly unsupported ana %unfounded
That the election he.d In tho county
OF Bernalillo on the third day OF No.
Vembor. 1914, vas in an respects
regular and according 10 law and wa
conducted la good faith. That there
was no fraud In the conduct OF ths