The daily sentinel., 1900-09-29
judges Decision.


The Rocky Mountain News in a very
lengthy article in Fridays issue publish
ed the entire finding OF Judge LeFevre's
court, in the contest case OF M. B Ger
ry and John 7. Barnett, against Judge
Theron Stevens and Samuel G. McMul-
lin.
He disposes OF the Ouray contest very
peremptorily by saving that Chairman
Reeves, Of the judicial convention at
Montrose acted right in recogoizing the
credentials OF the regularly organized
conventio iu Ouray county, which gave
the vote of its delegates to Judge Stew
ems
The article particularly reviews MIR.
Whites work as chairman OF the county
central committee and the manner of his
calling the primaries and his selection OF
the Judges. The entire article is OF such
length that it is impossible to republish
same. but that part particularly reterr-
ing to the Mesa county delegation is
given verbatum.
Briefly, Mr.. White was the properly
chosen county chairman. On his sug-
Restion an executive committee was by
him selected from the regular county
committee supposedly clio he'd with all
the powers of the county committees
when not in session. The authority
to regulate the holding OF primaries and
conducting of conventions is undisputed.
That power may be delegated to a prop
erly elected or appointed executive com
mittee Whatever has been customary
In conducting primaries and conventions,
may reasonably he held to be the law ap-
plicable in such cases; but any custom
or rule may be changed at any time by
the authority of the party acting through
its authorized committee. Wien rule
is changed or a custom modified by the
act of a county committee, at any time,
when in regular session, take 1t that
then the old rule or custom ceases and
the party in tends to be governed and
controlled by and under the last author
itative words of it's regular committee.
However, this is rather obiter dicta, than
the law OF the case, because the party
itself must not only make rule or Gus
tom, but must pass upon their intent.
have only from the lengthy testi-
mony introduced, taken enough OF 1t to
see if Mr.. Whites actions could reasona-
bly, be questioned by the convention in
the convention in Mesa county in the
conducting OF the primaries proceeding
the county convention OF September o,
and if there WAS sufficient question to
warrant Mr.. Reeves, the chairman at
Montroee, in refusing to put Mesa coun-
ty on the temporary roll call.
AS said in Al New York Supplement-,
the court may well ignore the form and
consider the substantial claims OF justice
in the case.
The bone of contention is the Mesa
county convention and it's organization
The White people did the things there
OF which they complain in The Montrose
convention; but before reaching the
Mesa convention it is we'll to consider
the following facts as established by the
testimony:
White presided as chairman over
meeting of the county committee when
resolution was passed abridging, il not
entirely revoking the power OF his execu-
tive committee.
While it is true that the call for that
meeting WAS for specific purposes YET
30 grave iu my mind is the doubt thao
the things done by the county commit
tee at that meeting were binding upon
him as its chairman, that feel he should
have complied with the expressed intent
of that resolution which took away from
the executive committee the power to
appoint primary judges.
at any rate, he was advised that his
authority and that Of his executive COM
mittee, to SO appoint primary judges
would be questioned by his party. Sc
that in taking the risk and having his
judges act and return his delegates, he
should at least have left them off his