Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-01-22
Crowd Expecting Fireworks
Is Disappolntedi Cut and
Dried Program Is Carried
Out to the Letter,
WHOLE CASE TURNS ON
DISPUTED POINT OF LAW
ConteStee Did All He Could to-
Get Out of Office Of County
Commissioner but Appar-
emily Failed,

Santa Fe, Jan. 2l.---A large crowd
that had gathered to watch the un-
seating of Representative +. NJ Boj0r-
quez felt itself cheated this afternoon,
for the proceedings were even less
spirited than those OF yesterday af-
trnoon; and while ii took two hours
yesterday to get rid OF the democrats
from Union county, it was less than
one hour in which the job was done
today.
The following is the resolution that
was adopted disqualifying Bojorquez:
BE 1t resolved by the house of rep
resentatives of the second state leg
islature.
Il. That the report of the commit
tee on privileges and elections in re-
gard to the election contest initiated
by Antonio T. Chavez. contestant
against Francisco M. Bojorquez. con-
testee, be and the same is hereby
adopted.
-. That i'm the judgment Of the
house of representatives of the Second
New Mexico state legislature, Francis
90 NJ. Bojorquez Is not eligible to the
office of representative of the second
state legislature from the county of
Sierra of the state Of New Mexico, and
is not legally qualified to hold the
same.
"3. That because the said Francisco
NJ. Bojorquez is not and was not at
the time of his qualification eligible
to said office, that the same be and
hereby is declared vacant"
strict Party Vote.
The vote was 20 to 18. Palmer and
Taylor having returned to sthesFepub-
lican fold. and Celso sandoval, the
progressive. also voting with the re-
publieans. A.. A. Sena, who Is still Ill,
was paired with Bojorquez. Tharp.
the socialist voted with the demo-
Gratis.
The resolution, however, does not
seat Antonio T.. Chavez the contest.
ant, and the committee asked and was
granted further time to determine
Chavez right to seat in the house.
There was no dispute as to the facts
in the case Both the majority and
the minority report agreed that Bo-
jorquez resigned as county commits
sioner for Sierra county on January
6, 1915, six days before the meeting
of the legislature, and that Governor
Mcdonald accepted the resignation on
the 9th day Of January, three days be-
fore the legislature met, and that no
one had qualified as Bojorquez' sue
cessor.
The majority maintained that un-
der the constitution. until such sue
cessor had qualified Boiorquez was
still county commissioner. while the
minority contended that when his res
ignation was accepted a vacancy was
created
Arguments Are Short.
Each side agreed upon twenty min
utes in which to argue the point of
law. Mr.. Hewitt moved that the
minority report be adopted Mr..
Fleming opened the argument for the
majority, and maintained that under
the constitution an official serving as
county commissioner cannot qualify
for a seat in the house. Mr.. Skeen,
who followed for the minority, ar
gued to the contrary. He said: Sup
pose Bojorquez had died--would he
still be a county commissioner?
Some one in the audience shouted:
He'd be dead one,"
Dr. Skeen declared: THE major
ity has erected tomb in our midst"
He asked the members of the major
ity to unite with the remnants of the
minority, if the minority should re-