La Junta tribune. (La Junta, Bent County, Colo.) 1881-1939, 1898-10-19
Iowne Was Not Authorized to Re-
move Mr.. Broad.
JUDGE BUTLER so HOLDS
silver Republican contest Decided
Nestcrday-Dosc Goe. TO GuExcn-
heim-Evcry Contcntion Made by
hr. Broad L. Sustained - Court
Holds that Towne was Not Prop
erlS Authorized TO Remove Him.


Judge Butler handed down n decision this
morning which was the second and hard
est blow the Teller party has received
In the courts The decision is very much
on the sainc lines ass that rendered In the
second congressional contest by Judge
johnson Monday morning II IL as fol-
lows:
mere were two conventions held In the
city OF Colorado Springs on the s,h day OF
SehtcInbcF of this year. both claiming to
hr the regular convention OF the Silver
republican party both placed IA noniina-
ton persons for the several offices. both
adopted IN" same emblem to be used on
the oncia! ballot at the coming election
The question submitted to tho court for
determination is. which of the Two con-
EehtionS was the eEuiar convention of
that party and entitled to the use OF Its
emblem?
The petitioner. Richard Broad. Jr.,
claiins the convention called to order by
MIN to be the regular convention, and
urges IN support thereof two reasons;
.lrst-That he was the chairman OF the
state central committee OF the silver Re
public an party and issued The call for the
convention under the power vested in him
ny the state central conIiiitee.
Second-rhat there IVES In the conven-
lion which he called TO order majority
OF the regularly elected delegates. not
counting those from counties wherein
there We're contested delegations.
Counsel on behalf OF respondent insisted
that the convention called 10 order by Mr.,
james II. Blood was the regular conyer-
lion. and TO sustain this position advanced
two reasons:
First-That the petitioner. Mr. Broad.
had been deposed chairman of tho
state central committee. and was without
authority to act.
Sccond-That th- persons comprising the
Broad faction had abandoned the basic
af he Ner
and had and have recognized and affiliated
with the regular Republican party. which
said party was diametrlcaliy opposed to
the Silver Republican party on the finan-
cinl questions.
The fact tha, Mr. Broad was, until the
9Th day of September OF this year. the
regular chairman of the Silver Republican
party OF this state chosen by q former
stute convention of that party was con
ceded. well the fact that the call
issued by him for the state convention
was In all respects regular: hence. We
must first determine whether or not the
action taken by the chairman OF the Nat
ional Silver Republican party I'm remov-
ing Mr. Broad was within the power of tie
national chairman. II so, MIR. Broad was
without authority to act after tho action
taken by tho national chairman.
There has never been 81 national conven-
tion of the Silver Republican party held.
There was an address issued on the I'D of
of the United States. signed by the Hon.
Henry NJ. Teller and nine other gentle
men, basis upon which to organize
national Silver Republican party. This
address, among other things. contains the
following;
AS soon n. possible each of the states
and territories should designate member
Of the provisional national committee of
The Silver Republican national. COMMITTEES
OF the Silver Republican party. which
,sfr init will tny .bu Of
of the national convention and of all mat
ters preliminary thereto Meanwhile We
have taken the liberty of naming Mr.
Charles A. Towne Of Minnesota as chair
man OF said provisional national commit
tee. whose official address. for the present,
will be tho city OF Washington. and 10
whom all communications should be sent.
The provisional national committee Is
hereby called meet in executive ses-
aion at the city of Chicago. ut place to
no seasonably announced by tho chairman
on Tuesday. the sth day of June. 1881"
The meeting called in accordance with
the suggestion made In this address was
held in the city OF Chicago. IN June 1891
At this meeting or convention some thir-
ty-two states of the Union were repre-
sen.ed. Mr.. Charles A. Towne Of Mime
sofa was chosen chairman. A. NJ. Stew
enson. the protestor in this case. repre-
sented the state OF Colorado in this con-
vention. An executive committee of sew
en- members was appointed and Mr.. Stew
enson was one of that committee. No
regular platform was adopted by this con-
vention. but the following resolutions
were passed:
of national executive committee of sew
On members including the national chair
man, to be appointed by the chairman of
the national committee.
'.Second-That this committee be en-
powered 10 take such action as may be
necessary in order to fill any vacancies
existing or which may exist at any time
in the national committee.
'Third-The executive committee with
the advice and consent OF the national
committee, is authorized to call n nat
ional convention of the Silver Republican
party to meet At such time and place as
they may designate. and to perfect the
necessary details therefor.
"Fourth-In these states where oreant.
cations are not complete the members OF
the national committee for such states
shall take such action under the dlrectio,
of the national executive committee as
are necessary tc complete such orgnniza-
tions."
1t will be observed that the only ,s,.r.
ence made to state organizations is i'm
section of the resolutions. This sect,on
relates TO the power OF the national COW,
mittee to act In states where the organ.
izations were not complete. and provides
for completing such organizations Fror,
the absence of eny reference TO the s,ata.
where the organizations were comnIa,.
we have right to assume and hold ~,
the provisional organization reeorpizsd
the principle that inasmuch as thc art.,
ing state organization had not deley.tnd
any power to 1t, It could not assume snv
or exercise any power or contrn,
over auch organizations. and in t,,rn a.
the prvisionai convention, NOT hsv,n1
such power lodged In IT, could no, confer
any power on its executive ofYiceys reIs.
tive to such state organisation.
There have been no meetInas of .b. "a
tionaI committee which was apno,nfed in
Chicago at this meeting. Little or no ac-
tion has been taken by the executive com
rnittee. No additional power or authority |
has been conferred upon the chairman or
the executive COMMITTEES than that con- !
ferred by the resolutions quoted above. 1t |
is true that this national organization was
recognized by Mr. Broad in MS committee
az well as the address issued later BY tho |
national chairman. but II does not appear
that the party in this state or It's repre-
sentatives ever delegated any authority to |
the national committee or its chairman,
hence 1 can but hold that Mr. Toyvne was
wholly without power in the premises.
and that mis- act in removing Mr. Broad |
was of no force and effect, and that NJ.
broad wax the state chairman Of the siI- |
-DR y<rrr t.I I<~>x -.