Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-01
Control of Colorado State Senate
Hinges on Courts Decision
In the Matter
JURISDICTION Is QUESTIONED
Senator Patterson Says There Is No
Precedent to Support tho Petition OF
The Republicans - Election Clerk
Willis Spencer, Arrested On Supreme
4 Court Warrants, Charging Contempt.

Denver, Col, Dec. 1.-The supreme
pourt yesterday heard argument on
motion which has an important bear
Ing upon the result Of the election of
governor and members Of the legisla-
eure in this state Attorneys represent
ing the republican party have asked the
supreme court, which has assumed
original jurisdiction in the local cleo
tlon cases to order the Denver cleo
tion commission to throw out the en-
tire vote of a precinct in which it Is AL
legged the courts order relating to
watchers was violated without an In
vestigation to determine the number of
legal votes cast and without opening
the ballot box. Should the court order
ehe vote Of this precinct thrown out
The attorneys for the republicans will
demand similar action In respect to
about fifty precincts in which it Is
charged that the courts orders We're
violated. All these precincts gave ma
sorities for Alva Adams for governor.
and by throwing out the returns the re-
bNOAANeAA ulcAn&oAO LOR0 W ONGICOIIl6
Adams majority Of about 1000 In the
state and continue Governor Peabody
IN office. The control Of the state SEN
ate also appears to hinge upon the de-
cision on this matter.
Two hours were given each side for
argument. Attorneys John M. Waldron
and n. ]. Hersey made the arguments
In favor OF throwing out the votes and
United States senator Thomas M. Pat
terson and Samuel Belford argued
against such proceeding.
Attorney Waldron referring to the
precinct in question said 1.-THE ballots
were mysteriously spirited away and
papers were substituted which no hui
man being had ever voted. What we
ask now Ia that the SO called certifi-
cate. which is really no certificate at
all be set aside and the defendant
elections commission be ordered not to
count the returns"
Mr.. Waldron charged that In the
present case the thieves had been pun
lshed, but up to the present time they
had been allowed to keep the stolen
goods.
Senator Patterson questioned the
jurisdiction Of the supreme court in
the matter at the bar saying that there
was no precedent to support the petit
ton OF the republicans. If the court
should grant the application 1t would
be encroaching upon the prerogative
Of the legislature, which body alone
had the right to say what votes should
be counted.
The court then took the petition UNI
der advisement but made no an
n0uncement as to when { q decision
could be expected.
Another arrest was made yesterday
on supreme court warrants charging
contempt. that OF Willis Spencer, an
election clerk He was released on
$1,000 bonds.
John Kendrick another election clerk,
who was arrested Tuesday and tenn
porarily paroled on account of illness,
Furnished a bond OF $1,000 yesterday
also.
Chief Justice Gabbert gave notice
from the bench yesterday that he wish
ed all lower courts to cease taking
jurisdiction in Denver election mat
ters and also notified members Of the
bar present that they must desist from
trying to further involve the Denver
election cases by seeking to have 9TH
Or courts take jurisdiction.