St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-03-25
GOV. WAITE is DOWHfO.
SUPREME c0URTSENDS THE CASE TO
THE DISTRICT COURT
HAD NO POWER TO ACT,
And the Man With Wheels in His
Head Finds Himself Wonder
ing where He Is at'-Com-s
mittee of Safety Warn Him
Against Another Resort to
Armed Interference.

DENVER, March "a. =. There was
large attendance at the rooms of the SUI
preme court today to hear the opinion
of the court OH the. question propounded
by Gov. Waite, involving the validity of
his acts growing ont of his removal of
Orr and Martin as members of the fire
and police board, and the appointment
OF Barnes and Mullins in their stead.
1t was to seat the latter that the gov
ernor called out The militia.
The unanimous opinion of the court
was adverse to the action of the gov
ernor in all things except that the court
recognized his right to remove and APP
poict members of the beard. 1t was
declared his power ended there, and
that he could not induct his appolntees
into office, and his employment OF the
militia for this purpose was greatly in
error and unauthorized by law.
EShortly after the. opinion had been
handed down it was reported that the
governor in great anger had declared
lie would take the T.atter into his own
hands and settle the case by again call
ing out the troops and capturing the city
lieyed that on sober second thought he
will not attempt any such course.
The committee OF safety asked the
governor to grant them an interview.
The governor sent reply that he
would meet committee of twenty or
twenty-five, but refused to see forty or
fifty.
The unanimous opinion of the court
is that this question must be determined
by the district court. This decision is
against the governor, for it does not an
swer his question, and leaves the matter
where it stood when he called out the
militia over week ago. The ground
upon which the opinion was rendered
is that the case will be carefully
brought, and the court has no jurisdic-
ton.
Representatives of the com mittee of
safety were there, too, to watch the out
come and report to the committee at the
earliest moment, in order that should
the courtnot decide the controversy in a
definite and positive way. prompt steps
might be taken to protect the city's in
terests. preserve the peace and prevent
recurrence of the shameful scenes of a
week ago.
The principal point in the decision is
that the governor was i'll error in as.
Stunning that it devolved upon him to
enforce his order OF removal The fire
and police commissioners of Denver,
though appointed by the governor, are
practically municipal officers. The gov
ernor is no more charged with the duty
of seating them in'case OF a controversy
than he is with seating a councilman,
city clerk or other municipal officers,
over whose right to office controversy
has arisen. The, governor was seen
immediately after the opinion was rem
dered. and, in answer TO question,
said:
II have absolutely nothing to say
upon this subject"
Considerable uneasiness in the city
was caused by the fact that the supreme
court, having decided against the
governor, he threatened, it is said, to.
take the matter into his own hands,.
The committee OF safety called a meet,
ing for 4 O'Clock to endeavor to have a
conference with the governor.
A subcommittee of the committee of
safety headed by Joel h. Vale, waited
upon the governor this evening and dis
cusSed the situation with him quite
fully. Neither the governor nor the
committeeman would divulge the results
of the interview. but it is known the
committee strongly advised the governor
to abide by the decision of the courts.
warning him that another resort to arms
will not be tolerated. They assured
him that Commissioners Orr and Martin
would not attempt to delay decision
by the courts in suit brought TO decide
who are entitled to the offices. The
governor would not promise that he
would not again attempt forcibly to
seat the new commissioners, but
told the committee he would care
fully consider their suggestions.
The governor declined to say
anything tonight for publication.
His chief counsel, Piatt 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 organiZa-
ton. is in effect vigilance committee,
whose business it will be to attend to
any individual or faction responsible
for any riotous proceedings calculated
to brlng disgrace upon the state.