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

tCouiinucd from Pare Onof
house Of Representatives declare the
seat 81 francisco N. noiorQucs az q
member Of the house Of representa-
tives from the twenty-third district.
Sierra county, vacant.
'rho committee asks further time
60 determine the right Of Chaves. the
contesfant 10 . seat In this house"
The above report l. signed by tho
five majority membera u the commit.
tee.
The report j. u practical admission
81 the claim Of the minority that there
u no hesis IN justice for the contest or
Tor seating Chavcs IN the house. just
what the caucus win 10 when Cow
crnor Mcdonald hat appointed q sue
cc~sor to Bojonquez remains IN doubt,
for az that time. IN the opinion 81 all
lawyern who hive been consulted on
the question. even the fantistlc dis
qualification alleged IN the report
against Bojorquez viii have been re-
Noved
| The slogan % the caucus Is now
openly Three. fougths majority or
bust" and the steam roller b. rolling
smouthiy on ~ way.
The Minority Report.
The minority report upon ~ ease
az Mr. Botnrquez h a clean cut state.
mcnt OF the entire situation and Il as
follows.
We. n. u. Ryan and Henry swan.
members OF the house committee on
privileges and elections. beg leave n
submit the following report in the
above cause.
After having made the examination
Of the plcadinEs in said cause use find
from tho pleadines that the contested.
Frank N. Boriorqutz. was. on the
third day Of November. 1914. dun
elected over the snid contestant In the
house OF representatives from Sierra
county.
THAT his majority a. shown by the
state board 81 canVassers Is 232.
THAT the said Frank NJ. Bojorquez
l. a citizen of the United States and Of
the state Of New Mexico and II quail
lied - sit az a member OF this house
"Thai the sasd Frank NJ Boriorquez
did on the ninth day OF January. 1915.
prior 60 the time he was worn as a
member OF this house. duly resign
from the office of county commission
cr In the county Of Sierra and said
resignation was by the governor Of the
state 81 New Mexico duly accepted on
the ninth day of January. 1919, since
which time the raid Frank ~. Rotor
quez has not been a member Of the
board OF county commissioners OF said
Sierra county
The the only office held by the said
Frank N. B0rjoruuez Il the office 81
representative from Sierra county 20
this house.
THAT the contest caused by the said
contestant l. wholly unfounded and
unsusiained and the same should be
dismissed.
Therefore. We respectfully recon-
mend that the contest filed by the said
chavez against this coutesteo be dis
missed and this contestee hc permitted
To retain his seat in the house 81
Representatives Boz the stnte 81 Sew
Mexico In accordance with the cN-
pressed desire of the people 81 Sierra
county"
ORTIZ Case sim On.
Modesto ortiz was before the com
mittec on privileges aud elections this
morning o. the case. IL Is expected.
viii be taken up hy the Republican
caucus ln % meeting al 1880 tonight q
Is now expected that as part Of it's
tWo-thirdF program the house caucus
viii vote Co seat ortiz.
Bricf by COntc-tcr.
This contested desires to submit
TO the committee uf privileges and
elections some observations on the
question as 10 whether or not he Is
stii "a county commissioner of Sierra
county
The facts iu tho case are that this
conteftcc did everything 100 his pow
er 20 c%vacuate the place of county
commissioner Of sierra county by NJ
ius his resignation not only with tho
board ~ commissioner of said couu-
~, hut also by filing the same with
the governor Of This state. on January
3. 1915 and that the said governor
az said state accepted said resignation
on January ., 1918 three fun days
before the meeting OF the legislature
Of this state. TO which Legislature this
contestee Was duly elected "a mem
hcr.
THE proposition 81 law has been
advanced that this cuutestec was sim
in fact "a county commissioner Of ST.
ezra county.
THE constitution Of This state. in
Section = Of Article 2O-proyides
Every officer. unless removed.
shall hold his Office until his success
or has duly qualified
"It ls asserted that because no
successor hus ar yet qualified this
cuntestco ~ still "a county commits
Dyspepsia o. Ametica's curse. To
restore digestion. normal weight,
good health aud purify the hood. use
BurdoclCs Blood Bitters. Sold al an
| drug stores. Price 800.