The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-01-24
BARTH IS
COMING HOME WILL
REMAIN FEW WEEKS
Believes He Has Introduced
Enough Beneficial Legislation;
Prefers That His Seat Remain
Vacant Until Contest Is Ended.
tspeeial Correspondeneel


Bnrth In going home.
He has met the senate committee On
contests and elections. and has m
noHnccd his decision. Technically he
viii be excused by the senate for the
purpose Of returning TO Albuquerque,
and preparing his evidence In the ele .
tign contest, and will remain there
from two Co three wceks He expects
70 leave the capitol Thursday.
\ second meeting of the contest
committee Is 10 be held today, for m"
purpose 81 deciding as to what proceed
urc II to be- followed IN the eXamina-
ton OF witnesses. u any are 20 be *
Sminod. and what evidence Will be aU-
mitted.
II is proposed To- base their decision
u. on the evidenced introduced In tine
district court In ;hc case noT pcrdtrg
In regard 20 the election ~ SaudoNdl
county officials in the same election. II
the testimony can be secured by the
- Of mex month, both parties agreed,
the court testimony Will be- used as a
basis. claude Hutto Of Albuquerque,
is az present engaged bv the court IN
taking his testimony. The court VIII
be requested by the legislative COM
mittee 10 hurry ny the trial.
ATTORNEY T.. r. Wright. acting for
Mr.. Chrismnn scored the first victory
IN the contest n the hearing ycstcr-
dny afternoon. by the failure Of TIE
Judges To throw out his contest on the
ground that II had not been filed soon
enough. Mr. Batth cited the provisions
Of the bid Law from the Codific1uou,
but his rcques that the cortcst 1e
thrown nut on that account was ~
uored at tho time.
Mr.. Wright suggested the opening -
hallos boxes concerned In the cleo
ton. and reference To- tho certificates
therin contained FOR a practical re-
count II the votes. The ballot boxes
ere ~ present iu safe deposit vaults
In an Albuquerque bank, he states.
and his suggestion would involve a
ljunEet Of the seven members Of the
committee to Albuquerque.
Both parties 20 the contest appeared
opporod TO the calling ~ witnesses.
unless Il can Ice done by a referee, -
tho time involved would deprive them
from attending the legislature The
considerable item OF expense to the
state which would run into several
thousands Of dollars, was also given
az a reason FOR avoiding taking ~
testimony.
MIR. Barth's reply Is In mort respects
Identical with Mr.. Chrisman's contest.
with the exception that whereas hr.
Chrisman alleges that the routestec
received 10 irregular votes, tho latter
says Mr.. Chrisman received -. II ~
said tina iu both eases certain voters
cast their ballots In precincts IN
which they were not registered. though
In tho proper couutv.
\ recent supreme court decision was
quoted az the hearing Yesterday, in
which Il was held that no voter could
be compelled to tell how h" voted.
Both parties claimed Tint their rN!-
dencc u introduced would not D." that
~ the voter himself. but 81 others.
Members Of the committee indicated
that Mr. Barth would DE placed IN In"
defensive In tho mattcr Oh" Same @1
MIR. Chrisman. q" which Mr Hartl
stated that iuusmuoh as he holds tho
certificate 81 election. the othc~ man
should be required 20 prove hat th'
election officials had been I'm error IN
issuing It 10 him.
n is improbable that the contest
vii cud within three weeks. 80 judg'
from the drift ~ the first hearing. III
the meantime Mr. Earth chooses that
his seat shall remain vacant Nj
Chrisman has been present as 4 spec,
tntur M the sessions Of the senate for
several days. Tho tenure ~ Ia" Office
is for four years
In comment upon the action 81 th'
committee so far Nj. Barth stated t.
day that he aid not care 60 b." ult ..
IN" ,rpcnso. personally ~ several
thousand dollars to defend hi, scat
lie also said that he believes he ha'
introduced cuorrh beneficial i,s'sla.
jiou To- complete his desires along tnat
line.