The morning call., 1894-03-25
WAITE WAS HASTY.
So Says the Supreme Court of
Colorado.
Had No Right to Call Out the Militia
to lnduct His AppointeeS
Into Office.

DENVER, March 24-There was a large
attendance at the rooms of the Supreme
Court to-day to hear the opinion of the
court on tie question proponnded by Gov
rrnor Wait, involving the validity OF his
acts growing out of his removal of Orr and
Martin as members of the Fire and Po-
lice Board and be appointment of Barnes
and Mullins in their stead. 1t was to seat
the latter that the Governor called out the
militia. The attempt failed and then the
Governor asked the Supreme Court { say
who were TIE legal members of the board.
Both sides were represented today by
eminent counsel and the entire city mani
tested a profound interest in the decision,
for the reason that the safety of life and
property was involved.
The unanimous opinions of the court was
adverse to the Governor in ell things ex-
cept that the court recognized his right TO
remove and appoint members of he board.
1t was declared that his po wer ended there
and that he could not iduct his ap-
pointees into cffice, and his employment of
the militia for This purpose was greatly in
error and unauthorized by law.
The decision of the court is a great tri-
umph TOR the law firm of Wells, Taylor &
hS W DD H6fO 1IUUl lIlb DtSlU-
ming that the case was one for judicial
determination. The weight of opinion
among the members of the bar has been
against the position assumed by this firm,
but the opinion of the court seems TO be
severe blow to the usurpation of power by
the executive aud upholds the dignity of
the judiciary.
Shortly after the opinion had been
handed down it was reported that the
Governor in great anger had declared he
would take the matter into his own hands
aud settle the case by again calling out the
troops aud capturing the City Hall at any
cost 1t is generally believed that on So
ber second thought he will not attempt
any such course.
The committee of safety held a special
meeting at O'Clock, and after discussing
the possibility OF further trouble asked
the Governor to grant them an interview.
The executive sent reply that he would
meet committee of twenty or tw enty- five,
but refused TO see forty or fifty.
A subcommittee of the committee of
safety headed bv j. f. Vale waited upon
the Governor this evening and discussed
the situation with him. Neither the Gov
orncr DCr the committeeman would diyulge
the results of the interview, but it is
known thai the committee strongly ad-
vsed the Governor to abide by the de-
cision of the courts, warning him that
another resort TO arms would not be toler-
ated. They assured him that Commits
sioners Orr and Martin would not attempt
to delay decision by the courts in suit
brought to decide who are entitled TO the
Office. The Governor would not promise
that he would not again attempt forcibly
to seat the new commissioners, but told
the committee that be would carefully
consider their suggestions.
The Governor declined tn say ANYTHING
tonight for publication. His chief coun-
sci, Platt Rogers, said proceedings would
now be brought in court to compel Orr and
Martin tO show by what right they hold
seats in the Fire and Police Board. The
committee of safety. already formidable
organization, is in effe a vigilance COM
miltsp, whose business it will be to attend
to any individual faction responsible for
anv riut)us proceedings