The morning call., 1894-03-18
GOVERNOR WAITE CONSENTS
Police Commission Controversy
Soon to Be Settled.
NEW OFFICERS STEAL A MARCH
But the Cute Trio May Be Speedily
Arrested for Violating Judge
Graham's Injunction.

DENVER, March 1.-THE disgraceful
row between-G Waite and Messrs.
Orr and Martin, the removed members of
the Fire and Police Board, over the pos
session OF their office. in which the State
militia and Federal troops took prOmi-
nent part, VIII be settled in The courts.
The chief executive has submitted the
controversy to the Supreme CourI, as his
legal advisers have advised him to do ever
since the trouble began.
II was IL O'Clock to-day when he fully
determined to take this course. When he
began TO seriously consider the proposition
Yesterday. because he was afraid the affair
might not receive immediate consideration,
it required great deal of argument by his
attorneys to prove to him that the Supreme
Court would act on the case at once. That
they were not mistaken is borne out by the
order made Dy the court just as soon as the
matter was submitted to it. This order
sets the case for argument at o'clock
Monday, and counsel are notified that they
must have their typewritten briefs in the
hands of the clerk OF the court at that
hour. A decision may be expected as early
as Tuesday.
The communication embracing the ques-
tion submitted TO the court contains over
1000 words. The question is simply this ::
Are Messrs. Barnes and Mullins legally
entitled to hold The Offices of Fire Commits
sioner aud Excise Commissioner of the
City of Denver?'
The rest OF this voluminous document
| is devoted to an argument to show that
the Supreme Court should take jurisdic-
tlon In the case, in view of the dangerous
situation now existing in the city of Den
yer because of the calling out of the
militia and the armed resistance of
Messrs. Orr and Martin to the State
troops.
There is no further danger of bloods he'd
now. as the Governor has agreed 10 a abide
| by the decision of the Supreme Court. So
far as this is concerned, the militia has
been disbanded, but tropps are held at
various armOries, awaiting the result of
the miners trouble at Cripple Creek.
The Federal troops are stlll Quartered in
the Gettysburg building. momentarily ex-
pectiug orders to return TO Fort Logan.
Matters at the city hall were in a very
peeceiul state until late this afternoon,
when Messrs. Mullins and Barnes, the
! Governors new appointees to the fire and
police board, quietly slipped into the
Mayors office and took possession before
any one was aware they were 10 the ne ,gh.
born ood. They had met Mr.. Rogers, a
member of the old board, uptown an hour
before this and organized. The first Off
cial step was to notify Chief Pearse of the
| fle department and Chef Stone of the
police department to report for duty.
Chief Pearse went in and politely refused
| to recognize the authority of the new
board. Chief Stone refused to obey the
order, and the new board adjourned until
! Monday.
As soon as il became known that the
city had two fire and police boards Wells,
Taylor & Taylor, attorneys for the old
members, Orr and Martin, made applica-
ion before Judge Glinn for attachments
for contempt of court for Messrs Multi s,
| Barnes and Rogers and also Mayor Van
Horn. who formally recognized the new
board. The contempt is against Judge
Graham's now famous Injunction. Tie
hearing before Judge Glinn cumes up Mon
day morning at 10 O'clock. This bril- q,
both sides into the court, which course
should have been taken three davs ago.
There is no prospect of further trouble. at
least at the present. as both parties have
agreed TO abide by the decisions handed
down.