Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-03-02
READ WINNER Of
CONTEST CASE IN
FIRST DISTRICT
CriSt Loses Office of District
Attorney Which He Has
Held for Two Years, by De-
CiSion of Supreme Court,
ESPECIAL CONSEQUENCES TO sosH,so JoussAt

ESPECIAL CORRESPONDENTS TO MORNING JOURNAL
Santa Fe. March 1.-THE famous
Read Crist contest for the district at
torneyship of the First district, COM
posed of Santa Fe, Rio Arriha, Taos
and San Juan counties, which has
been in the courts for the last two
years, has been settled, the supreme
court holding that Alexander Read
was elected tqp the office and that j.
II. Crist. who has been holding the
office, should be ousted.
The rise or fail of the success of the
contest depended on what view the
court would take as to ballots which
were voted in 1916 by a number of
Santa Fe county citizens, These bal
lots were prepared and voted under
the supervision of former Sheriff
Celso Lopez and at no time were they
given the once over by the county
clerk. Many voters used them with
stickers, carrying the names of Crist
and others. ...
The court holds these were Illegal
ballots because they were not in COM
pliance with the statute which makes
only such ballots as are issued by the
county clerk legal. Chief Justice
Parker hands down the decision
which is concurred IN by District
Judges Leahy and Hickey of Las We
gas ana Albuquerque respectively, sit
ting for justices Roberts and Ray
nolds. The decision says.
In the supreme court of the state
of New Mexico, January term, 1919.
State of New Mexico, eX rel. Alex
ander Reed. appellant, VS., Jacob H.
Mi
Statement of Facts.
At the general election in Novem-
Der. 916, the relator Alexander Read
and the respondent, Jacob II. Crist
were the candidates for the office OF
| district attorney of the First judicia
! district. The state canvassing boart
declared that the respondent was
| elected to said office by eighty-five
votes over the relator- A large mum.
/ Der of ballots not printed by order OF
nor caused to be printed by the coun'
! ty clerk of Santa Fe county, nor un'
der the supervision of the chairman OF
either the republican county centra
! committee or executive committee
nor printed at the expense of Santa
| Fe county, nor distributed under the
supervision of the chairman of sale
! committee, nor provided by the coun
! ty clerk of said county, were delivered
| by officers or employees of the repub
lican state central committee to ONT
! Nicolas Sena and to Earl f.. Goodwin
who in turn delivered the same to one
Celso Lopez, who. with Nicolas Sent
and their employees pasted sticker'
over the names of certain candidates
| thereon. The ballots so pasted anC
prepared, upon the evening before
election, were delivered, given on
and distributed throughout the day Of
election to the voters. Many of then
We're voted without change, while
others were changed and then voted
A sufficient number of these vote!
We're cast to elect the respondent.
Syllabus.
=, Under Section 1 of Article Z of the
constitution it is competent for The
| legislature to provide, as it has done
by Section 1898, Code 1915, that bal
! lots other than those printed by tht
respective county clerks shall not bt
cast, counted or canvassed in an!
election, and this statute prevents thu
hcasting, counting or canvassing of an!
| ballots not emanating from the prope1
official source.
Judgment of trial court reversed
and cause remanded to the distric
court with instructions to enter {
! judgment of custer against the re
spondent.
Opinion by Parker, J. Leahy an(
Hickey, district judges. concurring.