Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-04-11
TWO JUDGES AND
A CLERK ANSWER
MANDAMUS WRIT
Democratic Election Officials
Of Fourth Ward Make Re-
turn That Would Give Wes-
terfeld Two Majority,

Two Judges and one clerk OF cleo
ton, Of the Fourth ward. yesterday
made answer In the district court to
Mayor y. n. Boatrghts mandamus
Iproccedngs They say they have
compiled with the courts order BY
filing supplemental return with the
city clerk and ask the court TO dis
miss them from further attendance.
THE three slgners 10 the answer are
/ r. " Rhoa, Justice W. W McClcl-
I Ian ana l.. T. Delaney, the first two
! having been democratic judges and
/ the latter democratic clerk. Neither
the republican Judge Frank Ackcr-
man, nor the republican clerk Elwood
Albright. signed
! The twelve ballots. which the
! Fourth ward Judges did not count at
/ first. were not apportloned between
! the mayor and Henry Westerfcld.
democratic candidate, IN the supple
mental return ms Mr. Boatright assert
ed they should be, in his petition for
| the writ Of mandamus. The count, ac-
cording to the supplemental return
stlil leaves Mr. Wcsterveld a major
/ ity OF two votes in the city at large,
making the totals In the Fourth ward
| for Bontright 334 and for Westcffold
376.
Part of the supplemental return
follows.
There were eight lailots for the
city offices found by us in the box
provided at said election for the re-
,ceptlon OF the ballots of those voting
upon the proposition to bond the city
for said water works. and that of the
said ballots so found by us I'm the bond
box, xix of said ballots were cast for
II. H. Boairght for the office Of may
or and two Of said ballots were cast
for Jenry Westorfeld for the office of
mayor of said city.
Tint in addition to the said eight
ballots four ballots were found by US
In the box provided for tho ballots for
icity offices In pairs of two closely
folded together IN such manner as to
indicate they had been folded together
when delivered to the judges Of cleo
ton and that two OF said ballots were
apparently delivered to tho said iudg-
cs OF election by one person.
Referring to these four ballots the
supplemental return contains this:
"Thnt of the said four ballots so
omitted from the former return two
of said ballots were cast for -. n.
bodllllnt TOT we pliitt VI hioN'h 'h'
two Of said ballots for Henry Wester-
field for the office Of mayor"
Hinges ON Folded Ballots.
In his petition for the writ, Mayor
Hoatright said he was Informed that
all of these four ballots. folded to-
Rether in twos, were cast for him, If
they had been so counted the mayor
would have majority Of two. Ac-
cnrdlng TO the way the democratic
Judges and democratic clerk counted
them Mr.. Westerfcld has a majority
of two.
In their answer they say the judges
were of the opinion that they had no
no right to count ballots not found In
the box provided for them and that
they believed II was their duty to re-
iect ballots folded together In pairs.
Having been subsequently advised
that Il was their duty to count all the
ballots and that Il was not their duty
to pass on the validity of any ballots,
they made the supplemental return.
say the three answering respondents.
Hearing This Morning.
The democratic officials are repre-
scented by five attorneys Judge W. c.
Ileacock. q. n. Mnrron Senator Isaac
Harth W. A, Kelohcr and John f.
Smms.
According to the alternative writ OF
mandamus issued by judge Reynolds.
of the district court, to the Judges and
clerks Of the Fourth ward they were
directed to appear lcfore him at
O'Clock this morning to show cause
they should not correct the returns,