The herald., 1894-03-25
GOVERNOR WAITE TURNED DOWN
The Supreme Court Decides
Against Him.
He Greatly Erred in Calling Out the
State Troops.
The Eccsntric Executive in = Great
Rage Over the DsoIaion-Hs Threat
ems TO Call Out the
Militia Again.
Bvthe AauocIateli presa.

BY the Associated Press
DENVER, March 24.-There was large
attendance at the rooms of the supreme
court today to hear the opinion of the
court on the question propounded by
Governor Waite, involving the validity
OF his acts growing out OF his removal
OF Orr and Martin as members OF the
fire and police board and the appoint-
ment 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 to say who
were the legal members OF the board.
Both sides were repreae nted today by
eminent counsel, and the entire city
manifested profound interest in the
decision, for the reason that the safety
Of life and property were involved.
The unan imoue 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 ap-
point members OF the board. 1t was de-
clared that his power ended there and
that he could not induct his sppointees
into Office. and his employment of the
militia for this purpase was greatly in
error and unauthorized by law.
The decision of the court ia q great tri-
umph for the law firm Of Wells. Taylor
& Taylor. who have insisted from the
beginning 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 usurpa-
alton Of power by the executive and up
holds the dignity Of the judiciary.
Shortly after the opinion had been
handed down 1t was reported that the
governor, in great anger, had declared
be would take the matter into his own
hands and settle the case by again call
ing out the troops and capturing the city
hall at any cost. 1t is generally believed
that on sober second thought he will
not attempt any such course.
The committee OF safety held special
r meeting at A O'Clock, and after discuss
ing the possibility of further trouble
asked the governor to grant them an in
terview. The executive sent a reply
that he would meet committee OF 20
or 20, but refused to see 40 or 80.
A subcommittee OF the committee OF
eaiety, headed by j. +. Vale, waited
upon the governor this evening and dis
cusaed the situation with him. Neither
the governor nor the committee men
would divulge the results Of the inter
view, but il Is known the committee
strongly advised the governor to abide
by the decision Of the courts, warning
him that another resort to arms would
not be tolerated. They assured him
that Commissioners Orr and Martin
would not attempt to delay a decision by
the courts in a suit brought to decide
who are entitled to the Office. The
would not again attempt fofciDly to seat
the new commissioners, but told the
committee he would carefully consider
their suggestions.
The governor declined to 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
held aeRts in the fire and police board.
The committee of safety, already @
formidable organization, is in effect a
vigilance committee, whose business it
will be to attend to any individual fac
tion responsible for any riotous pro-
ceedings.