The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-01-22
Technical But Fatal Error Of
g. 0. P. Ringmasters Causes
Series of Events Which May
Make Circus Tragedy.
CHAVEZ HASTILY PUT
IN B0JORQUEz' PLACE
Constitution Violated By Res.
olution Declaring Contest
ant From Twenty-Third Dis
trict Legally Elected.
Estate Capital Iiurenu
Evening Herald
f5f ne NnrRns IIOtpl


Z t3i Dc NRrRas Hotel.
santa Fe y. ~. Jan. When
the Republican majority In the house
Z of representative yesterday afternoon
passed formal resolution declaring
the seat uf Mr Frank NJ. Roiorquez,
OF Sierra county. vacant. declaring a
vacancy to exist In the house ana fail
ing 10 flll that vacancy they left open
the way by which Il became impera-
] tive upon the governor OF the state
under the provisions of Section Z Of
Article ~ OF the constitution immc-
diately To call special election tor
the purpose of nllinB any vacancy
which may occur la the legislative
assembly.
No sooner had II become known
that the vacancy had been declared
by the majority than a proclamation
II election was prepared ~ the cxccu-
tive office ana directed tu the county
commissioner of Sierra county order
ing them 10 call q special election en-
the ninth day Of February next 90 I'm
this vacancy.
That Mr.. Boj0rqucz viii be- tho cuu-
didatc Of the Democrats at this Hpc-
Cial election is conceded.
The general belief here is that nc
viii be elected by an ovcrwhclmirg
majority
when Il became known uiat the
governor had issued his proclamation
there was hurried call Tor the r.
publican leaders and long and iij-
terly contested debate over the prob
able procedure necessary To- cover up
nu the technical mistake mnde
n was finally decided Co seat An
tonic r. Chavez. IN, contestant
against Boiorqucz Yesterday after
noon aud who the majority. by i,s
failure 10 seat him In Boiorqucz place
had formally declared was not en-
titled to the seat.
This slight error was quickly rem
edled "a the session this afternoon
when the following resolution brought
In by the committee ON privileges and
elections was promptly and cnthusins-
tiCnilv adopted hy the house ma aiurity
House Resolution No. I.
By the committee On privileges and
elections.
Be II resolved hy the house of rep
rcsontativcs of the legislature of the
state of New Mexico.
THAT whereas. vacancy has been
declared In the county of Sierra. In
the twcnty-third representative dis
trict Of New Mexico. and
Whereas Antonio r Chavez. APP
pears 10 have been legally elected -
said scat. therefore.
Re II resolved. thn; me said Antonio
r chavez hc and he is hereby admit
Ia. Ntta
ber thereof from the county of Sierra,
state of New Mexico"
That the adoption of this resolution
aud its immediate execution is a di-
rect and plain violation of the consti-
tuition of New Mexico appears To- have
given IN" members Of the majority
no concern whatcycr.
The Constitutional Precision.
Section of Article 4 of the con-
stitution says:
Vacancies ia either house shall
be filled by an election al time L"
be designated by the governor"
That a vacancy exists IN the house
becomes clear from the resolution
adopted hy the house late yesterday
afternoon and which Is Ia full as fol-
lows.
House Resolution No. g. intro
duyed hy Anastacio Medina.
he II resolved by the house Of
representatives OF the second state
legislature:
First That the report Of the COM
mitee on PRIVILEGES and election, H.
regard To the election contest ini-
t.tted by Antonio r, ChnVcs con-
testunt, againHt Francisco NJ Boior-
quez, oontestce, be and the same
hereby is adopted.
Second That In the Judgment ot
the house uf Representatives OF the
Second New Mexico state legislature
Francisco NJ Bojorquez h not elisi-
bic To the office uf representative Of
the Second state legislature from the
coui-y of sierra, u the state Of New
Mexico. and is not legally qualified
20 hold the same
Third That because the said