New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-12
coLoRap0s ELECTION FRAUDS.

ror1Paros ELECTION FRAUDS.
An extraordinary situation exists IN the otate
Of Colorado on which the brief press dispatches
ro,o+i,e, 70 the punishment of election corrupters
| throw TOO little light The dishonesty OF Den
! ror alactiops has been we'll known in the East
since Representative Shafroth resigned MS seat
! in Congress on proof Of wholesale Irauus III
the election of 1902. The officials OF the city are
! Democrats. and the election machinery is IN the
! hands Of that party There is no want OF PlooA
that in November the Democrats or Denver SUI
passed themselves in ballot box stufnng ana r.
heating. There is no dispute about that Even
the Democratic newspapers of the town are CITY
ing out for the punishment of the guilty. Ihere
are now q score or more election officers serving
sentences and several on trial. while the Deem
Der grand jury is deving into the SCANDAL 10
catch the "big fellows it is said.
An unexampled opportunity existed this year
to punish the corrupt. A few days before cleo
ton John NJ. Waldron, Republican lawyer OF
Denver, began before the Supreme court Oh
Colorado suit in equity in the name of the
people of the State against the election oncers
of Denver In theory. this suit was brought
for the protection OF the reserved right or SOW
ereignty of the people Of Colorado. Ihls SOW
eregnty was about to he threatened by assaults
upon the ballot box, so the bill alleged. The
Supreme Court issued an injunction against the
officers TO restrain them from doing the Things
dishonest election officers usually do and order
ing them specifically TO do the things which
the law prescribed as their duty. The court /
went still further in the interests of pure cleo
ton 1t created the place of Supreme Court
watcher" and named two such in each polling
place in Denver TO see that its injunction was
obeyed and to report TO the court concerning
the conduct of the election.
This created an unusual situation in that the
election officials who violated the law were not
left to the all too tender mercies of the local
courts. They came directly before the general
State court for contempt, and it is for this of
fence that the score or more so far convicted
have been punished. They have been sentenced
to fines not exceeding $1,000 and Imprisonment
not exceeding one year. How gross the frauds
were is shown by the recount OF a ballot box
Of Precinct Nine, Ward Five It was opened in
court The big Afitt'' returns were: Demo-
cratic 2S9; Republican, 79; Socialist, 4; Demo |
cratic plurality, 30. AS counted by the Supreme
Court the returns were: Democratic 1853; Repub- |
lfcan. 116; Socialist, 3; Democratic plurality, o.
That result was accomplished simply by mis-
counting and stufi1ng. How many of the ballots
in the box were put there by repeaters the court
did not inquire. Six men have been sentenced |
for contempt for their work with that box.
The Supreme Court has thus far busted itself
simply with Furnishing the guilty officials. |
Under its decision, in order to protect the SOW
ereignty of the people of Colorado, it undoubt- |
eddy has the power TO recount the ballots or
throw out the results in precincts or wards or
the whole city of Denver on the ground Of
frauds impossible to rectify. Great peril would
lie IN the exercise of that power in the excited
state of Colorado public opinion. The feeling |
there is more intense over the labor riots Of last
summer than over SO commonplace matter as
dishonest Denver election. The throwing out F.!
of large number of precincts in Denver would |
probably re-elect Governor Peabody, and fear |
is expressed that such a result, even though /.
there is little doubt that he received plurality
Of the honest ballots cast, would lead to riot |
ing and bloodshed. Even if the court will not |
20 so far as to throw out returns. the State |
Canyassing Board, which is Republican, may |
on the evidence given in the Supreme Court |
cases, throw out returns In enough precincts TO !
elect Peabody, or, what is perhaps more likely |
in enough precincts to give the Republicans |
control Of the State Senate.
The chief partisan advantage in thus giving to |
the Republicans part Of what they are en-
titled to by an honest count would be the gain |
ing control of the State Supreme Court. AS at |
present constituted, that court is composed OF |
two Democrats and one Republican. new law |
gives to the Governor the appointment Of four |
additional judges. The newly elected Senate |
enters upon its duties before Governor Peabody |
II I64ieFeQ Oh lis AS a last act OF MS admins
tration, if the Senate is Republican, Gov |
ernor Peabody can appoint four Republicans to |
the new judicial Offices
The situation is obviously one fraught with |
some peril to the State In the present temper of !
its inhabitants. Whether or not the wrongs done
by the wholesale frauds of the big NIitt" gang
OF Denver are to be rghted, 1t is hopeful thing
that SO many guilty election officers are being |
punished. Probably not soon again vii, such
eha 1al1c
In Denver. Considerable distress Is expressed
by Democratic newspapers because this purifica-
ton of Denver is being accomplished by an in
junction. Government by injunction" gains
new terrors by the Colorado courts extension |
of Its application. 1t is to be recalled, how. |
ever, that the court is Democratic, in State
where Democracy is by no means conservative. |
ana the effectiveness of injunction as |
remedy Of evils where no other remedy seems |
to exist receives a new and striking confrma |
ton