Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-04-07
|WEsTERFELD NOT
To GET OFFICE
WITHOUT FIGHT
Ma0damus Proceedings to Be
Brought This Morning To-
Correct Alleged Errors Ia
Returns From Fourth Ward.

The impression that the supporters
Of Mayor ID. ~ Boatright were going
to show themselves good losers ana
dead game aports" and that they
would not make any effort To CONTEXT
the election Of Henry WoHcueld on
account Of the narrowncss of the ma
jorlty by which the latter Wis appar-
ently chosen on Tuesday was rudely
dispolled last night whom IL became
known that Attorney John Nenapie
was preparing papers which are 10 %
served this morning. which are IN inc
nature ~ i contest ~ the election
and ~hch viii probably serve To de.
lay the issuance of certificate OF
election 70 MI Westcrfeld
The proceeding will be IN the na-
tire ~ mandamus suit 20 compel
the Judges and clerks Of election IN
the Fourth ward AZ the recent cleo
ton 20 rOrrect the returns The
claim IL made that number 0f Boat
right ballots we're found in the box for
the votes on the bond issue, whieh
should have been deposited In the
box containing the votes for city Of
ficers and that ballots folded toReth-
on we're found in the regular box Tor
city officials According TO Mr.. Ven
able, the ballots found In the bond
box which should not have hcen there
were eight in number, six Of thon
being for BontIight and two for Yves
terfeld This would Atiii leave Wes-
terfeld majority Of two on the count
FOR The entire city. II is evidently on
tho strength OF the dohble-folded nal-
lots that the contest will chiefly be
based.
Judge Makes Explanation.
one Of tho Fourth ward judges last
night made an explanation regarding
the double ballots found In the box
when the count was made he stated
thai two Instances we're found whore
voters Ind. either accidentally or By
design. folded two ballots together
aud deposited them in the box, In
une of these cases tho ballots were
republican and IN the other demo-
cratic. he stated thai q consultation
between the Judges IN regard 70 tho
matter had resulted IN the unanimous
decision TO throw these ballots out,
leaving the matter lust where II stood
and not changing tho result
IN regard to the i3oRirlght votes
Deposited IN the bond box, the whole
contention seems TO turn around the
question whether the number Of bal.
lots found IN the regular bux for city
officials corresponds to the number
of votes cast as shown by the tally
sheets. IT II does there IL little room
% doubt that the votes IN the bond
hoN were excess baggage and had no
right being counted at all Otherwise,
there would be a presumption that
ballots had been placed ~ the bond
hos through mistake Of the judges
which should have found their way
into the other box. II would he Il
case for a court Of equity 70 decide AZ
60 the moral Ride of the question, un-
less the technicalitles of the law are
such ~ "a prevent the case from get
ting into court uf equity.
Who H. bringing suit?
Considerable mystery surrounds the f,
filing OF the suit. The first authentic I
Information regarding the matter |
ZANE when Mr.. Nenable verbally no. +
Titled Miyur-eloet Nesterfeld hate /
yesterday afternoon that L was prob !
able II contest would be- filed When 7.
called over the telephone al his office /
shortly after O'Clock, Mr.. Nenablo !
stated that some parties mad spoken /
10 him anont the matter that he was |
then waitinl for them 20 meet ut his !
office. and that il they didn't hurry I
he wonld go home and 80 TO bed
Al THIS Time Mayor Hoatfikht was I
~ the city hail, presiding over a /
meeting OF the council, When asked /
ia regard to the matter Mr.. Bnatrights :
said he didn't know anything about +
It Later Nh Neruhle wits called /
again ana said that everything had |
been arranged except the signing Of |
the atfidaVits necessary Ia verir the |
complaint and that as soon as that
was done The papcrs would bo drawn
mid served upon tho defendants. He
Faid the suit would be brought In the
nnmc Of =. a. Huntright as plaintiff
Erect ON Ofticcholders.
The news that contest would BE-