The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-03-01

that the records of the Office OF
the secretary OF state show that
he attempted TO resign said Of
nee. dating his resingation on
January 8. 1915; that on the Sth
day OF January. 1915, the Honor
able W, &, Mcdonald, governor
of New Mexico, endorsed upon
said resignation accepted and
on January 10. 1915, filed said
resignation, with his endorsement
thereon. in the Office OF the see
Rotary OF state. and that no sue
cessor TO the said Francisco NJ.
Boiorquez, as a member OF the
board OF county commissioners OF
sierra county, had qualified prior
TO January ~, 1915, and accord
ing To the records OF said office
no successor has yet qualified.
q. We lind that Section 3 of
Article 4, OF the constitution Of
the state OF New Mexico. provides
as follows:
'"No person shall be eligible
10 the legislature who at the
time OF qualifying, holds n Of
flee OF trust or proht under the
state. county OF national govern
ment, except nOtaries public, and
officers OF the militia, who receive
no salary
We also find that Section 2 OF
Article 20, Of the constitution OF
the state Of New Mexico. is a. fol-
lows.
'"section 2. Every officer. n
less removed, shall hold his Of
nee until his successor Is duly
qualified.
We, therefore, ana that the
said Francisco NJ Buiorquc2 was
not, at the time Of his qualiica-
ton. and IL not now. eligible I'M
der the constitution Of the state
OF New Mexico To a sea- In the
legislature.
We. therefore. recommend that
the house Of representatives de-
clare the seat Of Francisco VI.
Bojorqucz a. "a member OF the
house of representatives from the
t~Weuty-third district, Sierra
county. vacant. and ask that
further time be allowed the
committee to consider ana deter
mine the right OF said Chuyes To
a seat in this house.
Respectfully submitted,
tsigned) ANASTAqIO MEDINA
tsignedJ FEDERICO CHAvEs.
,signedJ EDWARD A. MANN.
CsignedD r. %. BLOOD.
CsignedJ GEO. y. FLEMING"
Mr.. Medina thereupon introduce
House Resolution No. ., as follows
BE 1t resolved by the house 4,
Representatives of the second stat
legislature.
First. THAT the report Of me con
on privileges and elections
To the election contest init
by Antonio r. Chlycs. contcs
ant. against Francisco VI Boiorque
contestec. be and the same hereby
adopted.
Second. That iu the judgment
'hc house OF representatives of n
second New Mexico state l]cgislatur
Francisco NJ. Rojorlucz Is not eligib.
10 the office OF representative of %
second state legislature, from a
county OF Sierra, OF the state Of Ne
Mexico, and IL not legally qualified
hold the same.
Third. That because the sa
Francisco NJ. BoJorqucD Is not al
was not, At the time of his uualinc.
ton eligible to said office, that Il
same bee and the same hereby Is q
clarcd vacant
BIAS SANCHEZ.
chief Clerk.
II Is fair to Hojoruuez to say tn
ON the day OF his removal his succo
sor who had been appointed, qua.
fed according 'u Jaw, but that "
without avail however, because 81 q
provision of the constitution %
set forth IN the report OF the ccI
r..ttce.
II is 60 be noted that the rocoI
m]cndatiun of the committee conclu
ed with the followln rs and ask IN
further time be allowed the comm
tee 90 consider and determine {
right of said Chaycs tu "A seat In I
house.; and that the resolution aho
quoted, after rcgitiug the ineligih
ity Of Bojorqucz, says of his SEQ
that the same be- and the anne net
hy is declared vacant Appareh|
tho house did not attempt 10 reta
Jurisdiction of the seal further at ~
lime.
Tho next day the governor issued
proclamation calling "a special elerti
Ia Sierra county, acting under Seet'
4, Article I of the constitution VIII
provides. vacancies In either hou'
shall be filled by Am election at u ul
to be designated by the governor
4 little later In tho day the hot
seated Mr.. Chayes. adopting q reso
ton. "a certified copy Of which follow
Santa Pc, New Mexico,
February 10, 1915
I, Mas Sanchez. chief clerk Of
house Of Representatives, do here
7 certify that the following ~ a a
ana correct copy of the journal
III, house OF representatives Tor
22d day Of January, 1913, In so far
1t relates to House Resolution No.
In regard 10 the seating NJ Antonio
Chayes as a member Of The house;
BE ID resolved ny the house of r
resentatlves of the legislature of
go H.HL