The herald., 1894-03-18
SUBMITTED TO THE COURT.
The DisgraosfuI Row at Denver Ended
The Militia DIsbandod.


SUBMITTED TO THE COURT.
The DIsgracsfuI Row at Denver Ended.
The Militia Disbanded.
DENVER, March 1.-THE disgraceful
row between Governor Waite and
Messrs. Orr and Martin, the removed
members of the fire and police board,
over the possession of their Office, in
which the state militia and federal
troops took prominent part, will be
settled in the courts. The chief execu-
tive has submitted the controversy to
the supreme court, as his legal advisers
have advised him TO do ever since the
trouble began.
1t was IL o'clock today when he fully
determined to take this course. He be-
gan to seriously consider the PROPOSE
tion yesterday, but delayed because he
was afraid the affair might not receive
immediate consideration, and it re-
quired good deal of argument by bis
attorneys TO prove to him that the su-
preme court would act on the case at
once.
That they were not mistaken is borne
out by the order made by the court just
as soon aa the matter was submitted.
2 O'Clock Monday, and counsel are no.
tilted that they must have their type
written briefs in the hands OF the clerk
of the court at that hour. 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
commissioner and excise commiHaioner
of the city of Denver?''
The rest OF the voluminous document
is devoted to an argument to show that
the supreme court should take jurisdic-
ton in the case, in view OF the dan
gerous situation now existing in the city
Of Denver, because of the calling out of
the militia and the armed resistance of
MeBsrs. Orr and Martin to the state
troops.
There is no further danger of bloodshed
now, as the governor has agreed to abide
by the decision of the supreme court. So
far as this ia concerned, the militia has
been disbanded, but troops are held at
various armories awaiting the result of
the miners' trouble at Cripple Greek.
The federal troops are still quartered in
the Gettysburg building, momentarily
expecting orders to return to Fort Logan.
Matters at the city hall were in a very
peaceful state until late this afternoon,
when MessrH. 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 in
the neighborho0d. They had met Mr..
Rogers, a member OF the old board, up
town an hour before this and organized.
The first official step was to notify
Chief Pearse of the fire department and
Chief Stone of the police department to
report for duty. Chief Pearse went In
and politely refused to recognize the au-
thority of the new board. Chief Stone
refused to obey the order, and the new
board adjourned until Monday.
AS soon as it became known that the
city had two fire and police boards,
Wells, Taylor & Taylor, attorneys for
the old members, Orr and Martin, made
application before Judge Glinn for at
tachmente for contempt OF court, for
Messrs. Mullins, Barnes and Rogers,
and also Mayor Van Horn, who formally
recognised the new board. The CON
tempt iG against Judge Graham's now
famous Injunction. The hearing before
Judge Glinn comes up Monday morning
at 10 o'clock. This brings both sides
into the court, which course should
have been taken three days ago. There
is no prospect of further trouble, at
least at the present, 81 both parties
have agreed to abide by the deoisions
handed down.
WASHINGTON, March 17.-Senator Tel
lsr of Colorado lost no time in carrying
out the wish OF the committee which
yesterday addressed to the state delsga-
tion in congress O telegram setting out
the needs Of the situation at Denver.
He called upon Secretary Lamont aud
spent some time in explaining the
svents which led up to the threatening
eocditioLs q the past two days. The
ssastoc came away feeling sat
isfiad that 80 far ae the
law- permit. the war department will
40 everything in its power TO prev ent
".olence and bloodshed. General Nc.
CSok wi = keep his troops ready to act AZ
a moments notice, either in Denver or
nc Fc-s Logan, only few miles from the
ci.., and it lie believed thas the general
knowledge of their readiness will have
good moral effect upon the ex-
c,table element in the community
OF courss the suggestion contained in
the telegram from the citizens commit
tee that General McCook be directed to
use the troops to assist the sheriff,
who has made an issue with Governor
Waite, cannot be acted upon. for such
instruction would be in direct conflict
with the laws of the land.
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