The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-01-23

about 10 he concludrd BY the fuccess
|uf the caucus leaders plans. Robert &.
Dow. Of Eddy county. severely scored
house members for voting on the con
Itests without having first heard the
|eVldence IN the different eases. lis
apeech. which r. a alinginE arraisne
ment o. majority methods, was as fol-
|iowa.
For three successive days we have.
been sitting a. judges % the election
OF our own members. W three different
election conteats. the people OF New
Mexico reserved for rs this right under
ora state constitution and In doing 80
they had the utmost faith IN our abil-
iiy, our sincerity and our integrity.
II those people who framed the con-
lntitulion had knowledge 81 the fact
that we were belf4E eoverned here by
the rule OF the majority. and that
more than twe-thirds Of our members
were voting upon election contests
without having the evidence read be-
fore this houac. they would undoubt-
eddy say they could no longer trust
their representatives.; this IL necessar-
rs the case because the members ~
the Republican majority have not al
lowed the evidence In these contest
cases to be read before this honorable
body; I say 20 you In all sincerity. that
Il Il a fraud upon our people and an
abuse of the trust which they have
imposed In us.
In the contest cases day before yes
terday, wherein Mr.. Smith and Mr.
MIcrn from Union county. were un-
seated b. this majority. the only facts
upon which We had To base u opin-
ion were. according To Judge Mann the
gentleman from Bernaliilo. the ong ~
the swan Just before twilight and the
rattle OF the hearne after dark. and
with an Of these denth-bed surround
inga Judge Mann. the gentleman from
Bernalillo. lightly lodges and eyRdes
the facts and the issues before the.
house. his sharp tongue Of wit being
In tune. the gentleman from Bernaiiilo
plays voiupti, usiy upon the instrn-
ment Of ! am surprised TO
think hat the representatives Of h
State OF New Mexico could he 80 in
sincere and have such small regard for
the peoples wishes.
In this contest wherein Modesto
Ortiz. Il contrasting the e Of Rafael
Garcia of Bernallllo county. the facts
are as follows:
Mr.. ortiz charges first that the bal
lot box In Bernalnlo county was open
ed, and all there IL TO this Il that one
Of the poll books was locked up in the
ballot box through mistake. and upon
the advice of the district attorney OF
BernainIo county, said ballot box
was opened in the presence % Modesto
ortiz. the contestant. the district at
torney. the sheriff and the Republican
chairman ~ the county central COM
mittee. The law requires that this
poll book be sent to the secretary %
state. and q was Imperative that they
send the same. After recovering the
poll book the ballot box was again
sealed and that IL all there il 20 that.
The second charRe y that the poll
books were not properly subscribed.
hut the fact remains that the votes
were counted and Rafael Garcia had
ten uO) votes majority over ortiz;
the fact also remains that the ballot
boxes are nj this time In Bernnlillo
county and II you. the members OF the
Republican majority. desire TO contest
his election on the ground that ortiz
received more votes than Garcia. WIS
do you not have the poll books here
before the house. pursuant 10 our re-
quest and In accordance with the
wishes NJ the people OF the State OF
New Mexico II Il because you desire
a two-thirds majority In order that
you may pass laws and override the
governors veto, or Is It because that
you have failed and neglected 10 do
your duty TO the people Of New
Mexico2
ON the third ground Of contest Mr..
Ortiz claims hat numerous men were
hired 20 work on the public road In
Bennlillo county and that they were
employed In consideration that they
vote the Democratic ticket on Mo-
vember 3. 1914 last ! desire TO sub
nit to you the law Of this land which
IL: that In order for the contesant 20
he successful he must prove first that
The voter would have voted the Re-
publican ticket; second, that the voter
did vote the Democratic ticket. and
that the reason he voted the Demo-
cratic ticket was on accoun OF brih-
cry: and further than this the con-
testant must show by as many wit
nesras ns the c%ontestee had n majority.
that the above facts were true IN the
case OF each witness.
submit to you hat there are not
more than three 90 witnesses In ,he
transcript 0f testimony in his case
who testified Ia the above facts, sub
init to you further that yor nave not
proved your case. II IN true that un-
dor our constitution we are tho Judges
OF the election Of our own members
but that should never swerve ~ from
our path 81 duty 60 follow the law OF
procedure as laid won In the United
States supreme court and In the courts
Of an Of these United states. on h
other hand there we're three tD wit
nesses for the cnntestee who absolute
~ denied that the above facts were
true. We heartily join you In the en-
forcement 81 the corrupt practices act
hut YOU cannot unseat our members IN
this legislature against right, and JUS
tIce. aud authority Of law
We have here in thig case Modesto
Ortiz the contestant, who Was re-
undated al the last election by b
people Of Bernalillo county. The coun-
~ h normally Republican and five
80 other Republican candidates NJ the
came election in Bernalillo county re-
ceived ali the way from five hundred
CB0O) 10 seven hundred tT0ol major
|ny over the Democratic candidates