The San Francisco call., 1904-12-30
HALES JUDGE
BEFORE COURT
Supreme Judges of Colorado
Take an Unusual Step in
the Election Fraud Cases
WRITS ARE DISMISSED
Plan to Unseat Governor
Elect Adams Will Be OPP
posed by Some Republicans

DENVER, Dec. 29. = For the first
time in the history of the State a
Judge of a District Court was COM
PEELED to-day TO appear in person be-
fore the Supreme Court of the State
and explain to that tribunal why he
had issued a writ of mandamus when
it was apparent that he was in error
in so doing. Judge Samuel L. Car
penter of the District Court was the
member Of the bench served with the
citation.
A solemn protest against the action
Of the high court was entered by Judge
Carpenter, and he said that under the
circumstances he believed that he had
duthority TO issue the writ OF man
damus against the State Canvassing
Board TO force that body to canvass
the returns made for Charles b. Warde
and DR.. Michael Beshoar, candidates
for the Senate on the Democratic ticket
from Boulder and Las Animas coun-
ties. respectively. Being now advised
that the Supreme Court has decided
that District courts have no power to
issue such writs, the Judge says, 1T
becomes obligatory upon this respond
ent, without order of this court, of his
own motion, TO dismiss such proceed
ingS."
Judge Carpenter was thereupon dis
charged by the Supreme Court, the
writs issued by him were dismissed
and he was directed not to take any
further action, directly or indirectly,
in the matter.
Very few members Of the Legisla-
ture have arrived in the city. and
whether the plans of William @. Ev-
reseat Governor James H. Peabody
will be adopted by a majority Of the
Republican members is still undecided.
Some Republican members known as
followers of former United States Sen
ator Edward o. Wolcott have declared
that while they do not contemplate a
union with the Democrats under any
consideration, they will oppose vigor-
ously any plan for counting out
Adams.
Fourteen indictments against julius
Aichele, former County Clerk. were dis
missed by Judge William p. Seeds in
the District Court to-day on the ground
that two terms of court had passed and
the cases had not been called for trial.
Chief Justice Gabbert announced this
afternoon that the Supreme Court had
not found time to consider the petition
of Governor-el AIva Adams to open
all the ballot boxes used in Denver at
the election and determine the extent
OF the frauds. He added that decision
OC given lO-llOIION.
BY the action of the State Canvas
sing Board in issuing certificates of
election as Senators to CasimirO Ba-
rela and Henry B. Millard. the Repub-
Hcans have secured such absolute con-
troll of the General Assembly that it is
now regarded in Democratic circles as
highly probable that Governor James
II. Peabody will be reseated. The Re
publicans plan to accomplish this by
throwing out the vote of all Demo-
cratic wards of Denver and counting
the votes of the Republican wards.
The Liberty League State Convention
adopted the following resolution to-
day:
Resolved That we denounce In unmeasured
terms the action Of the Republican party in
attempting to override the plainly expressed
Will of the people by arbitrarily throwing out
the returns from large number of precincts.
to the end that the State Senate may be made
subservient to corporate greed that the Su-
preme Court may be packed and that James
H. Peabody. Overwhelmingly repudiated at the
polls may be forced upon the people OF this
State for another biennial period
Another resolution declares that the cleo
ton laws Of Colorado a farce and de-
mands their revision.