The Holly chieftain., 1903-06-12
Supreme Court Decisions.

The attorney general won four cases
in the Supreme Court by the decisions
handed down June 1st. Four men con-
victed in criminal courts must go to
the penitentiary, according to the rul-
ing of the court, and foreign cOrpo-
ration. the Iron Silver Mining Com
pany, must pay fees and refile articles
of incorporation.
In the case of Frank A. Mahany.
convicted of killing William A. Wom-
ack, a fish warden at Grand Mesa
Lakes. July IA, 1901, brought up on
error, the court held that there was no
error, and Mahany. now out on $1O,-
900 bond, will have to go to the peni-
tentiary for from six to eight years.
Judgment of the Fremont Court was
affirmed in the case of George E. Now
and Street T. Mccoy, convicted OF muir
der in the second degree and under
sentence of from fifteen to twenty-five
years. Now and Mccoy killed Charles
j. Withers, December 2S, 1901. Both
prisoners are cowboys.
The judgment of the Arapahoe
Moore, Denver printer, who, it is al
legged, printed checks of the Colorado
Fuel and Iron Company. He was ar
rested and tried, with three others, for
conspiracy. One pleaded guilty. turned
states evidence, and was let off with
light sentence, and three were convict
ed. The case was brought up by
Moore on error One specification was
that in impaneling the jury the state
had thirty-three challenges, whereas
the defense had only thirty. Moore
gets from three to five years in the
states prison.
The Iron Silver Mining Company VS..
James Cowie, secretary of state, is a
suit wherein a change of venue from
Lake county to Arapahoe county was
secured. The corporation was incor-
porated in New York for fifty years,
and filed in Colorado in 1881. Under
the state law of Colorado, corporations
exist only for twenty years. Secretary
of State Mills brought suit to make the
company refile. and the court gave him
a judgment that corporations can exist
only for twenty years. The lower court
was affirmed. The case is an imports
ant one for the state in the matter OF
fees, and the decision will force all old
corporations to refile. The fees for re-
filing in this one case will be $500.
Chief Justice Campbell wrote the
opinion in the Montclair boundary
case, Affirming the judgment Of the low
Court of City and County of Denver.
are within the limits of Denver. The
case is that of the town of Montclair
VS.. Luella Thomas; error to County
Court of City andn County of Denver.
Justice Campbell says, in concluding:
Our conclusion, therefore, is that it
was the purpose of the General Assem-
bly, to provide in Article 20, for disin-
corporation and merging into new
one all municipal bodies within the ex-
terror boundaries of the former City of
Denver, as these borders are specific
ally described in the Parks bill, and
when the expression exterior bound
aries was used, thereby was meant the
boundaries which were drawn SO as to
include the seven municipal corpora
tions named Any other conclusion
would defeat the conceded object of
the General Assembly. AS the Ian
guage employed allows us to give effect
thereto, 1t is our duty to see that the
legislative intent is not thwarted. The
judgment of the County Court. being
in harmony with our view, is sus-
tanned"