The state herald., 1904-07-22
STATE CAPITAL NOTES

Rainbow trout, thousands OF the tlny
fry that will be the full-grown fish
soon, are being shipped to streams in
all parts OF the state. Demands for
fry can hardly be met, but the fish
commissioner will send out million
rainbow and native fry.
II. p. Teele of Washington, d. c., is
In Denver in the interests of the irri-
cation Investigations being carried on
by the federal government. Mr.. Telle
has been stationed in Colorado for the
summer and will collect data concern
ing the Platte river irrigation system
from an interstate standpoint.
The state engineers office has COM
pleted its survey of the Chaffee and
Eagle county highway, known as the
Leadville road, and Prof. Carpenter
says improvements will be made in
many of the worst places very soon.
An improvement appropriation OF
$1,000 was made by the last legisla-
ture for this purpose. The road,
which extends from Buena Vista to
Redcliffe, was built several years ago
and was intended to be part of the
road extending from Denver to Grand
Junction.
Governor Peabody on the 10th inst
appointed a commission of three to in
auire into the mental condition of
Charles Peters, the youngest of the
trio of Youngblood murderers who are
waiting the death penalty at the Canon
City penitentiary. Peters has recently
shown every indication of violent in
sanity The commission consists of
Drs. S. d. Hopkins and Howell 7.
Pershing of Denver and +. N. Carrier
of Canon City. According to the stat
utes of Colorado a convict sentenced
to be hanged cannot be removed
from the penitentiary to an insane asy-
lum, but must be kept at the peniten-
tiary and the sentenced stayed. In the
event he RECEIVERS his reason he is
hanged.
Attorney General Miller has recent.
ly returned from st. Louis. where he
went in the Meyer habeas corpus case.
Mr.. Miller says he filed the return of
the governor in the United States
court. 81 read the return before the
court till | got to the place where it
first states that Meyer was not in the
hands of the governor when the writ
was served. Here | was interrupted
by the court, and Judge Thayer stated
that If Meyer was not in the govern
or's hands when the writ was served
he did not care to hear anything fur
ther in the case, as that was sutii-
Client" The attorneys for Meyer will
be given till August / to file n reply
brief, but it is not considered likely
that the case will be carried further.
1t will undoubtedly be dropped where
1t Is.
When questioned yesterday as to
the extent of protection the military
could guarantee deported miners re.
turning to the Cripple Geek district,
Governor Peabody said 1t was imposs.
bic to guarantee complete protection
in any case. He said that In one or
two instances men had been looked
after and protected by the military.
but that this could not be carried out
to any great extent In the cases
where men were promised protection"
said the governor yesterday, 1T was
only promised In the event that they
went into the district openly and made
themselves known to the militia. It
was not anticipated that they would
sneak in and get into trouble without
knowledge on the part Of the soldiers
that they had even entered the dis
trict. Any honest citizen will be given
all the protection the military can at.
ford. In this connection. however.
want TO say that no requests for pro-
lection will be considered from men
who were deported for the reason that
they were not good citizens. Denver
Republican.
In Division b OF the District Court
at Pueblo. on the 10th inst. a decision
was rendered by Judge n. Walter Dix
on which will be OF considerable inter
est throughout the state. II was with
reference to the salaries Of county
officers, as prescribed by legislative act
and the validity Of which was assailed
by District Clerk l.. II. Strait Prior
TO 1899 the salaries of all county OIL
GETS were fixed by the salary act OF
1891. The act materially reducing such
salaries was passed In 1899. County
officials In many counties Of the state
have maintained that the act last
passed was unconstitutional and void
and that they were entitled to their
salaries as fixed by the previous act.
The case tried by Judge Dixon was for
tion. Mr.. Straits salary Ms clerk OF the
District Court. under the act OF 1891.
was $500. Under the latter act II was
reduced to $4,000 He sued to recover
the difference. and the defendants. be-
ing the Board OF County Commission
ers. demurred to the complaint The
demurrer was oyorruled In the decision
by Judge Dixon. He holds that the act
Of 1899 Is unconstitutional and that Mr..
Strait is entitled to salary at the old
rate.
Al the army headquarters OF the De
partmont Of the Colorado. preparations
nave been completed FOR the annual
ride and carblne competition between
the departments Of Colorado and Tex.
as, which will take place at Fort Reno
during the last week OF July and the
first week OF August. The officers
chosen 10 represent the department arc
as follows: From the Second Infantry
al For Logan, Capt. $, q Lincoln and
l.lcuts, G. W. Barber and William Il.
Standiford. from the Twonty.ninth In.
iantry stationed at Fort Douglas. Utah.
I.louts. A. H. Wells and A. q. Good.
win. and from the Fifth cavalry. sta.
toned nj Fort Hunchuca. Lieut.. II. II.
Myers and Il. NJ. Benton, From each
of these regiment swlll be detailed tho
same number Of enlisted men who will
meet tn, officers and men Of the De.
partmant OF Texas The winners ~
tho competition will form what Ia