The Saint Paul globe., 1904-12-15
THROWS OUT THE
DEMOCRATIC VOTES
Colorado Supreme Court Begins
Giving the State to the
Republicans.

DENVER, Colo, Dec. 14.-By decid-
fng today to throw out the vote of
Precinct z, Ward, s.. of this city, in
consequence of frauds committed there
at the late election, the supreme court
established a precedent that may be
applied to many other precincts in
which, it is alleged, the courts injunc-
ton order was violated, and thereby
vitality affect the results of the late
election. Should similar action be
taken in other cases to the extent de-,
manded by Republican lawyers, it viii
result in the election of the entire Re
publican legislative ticket in this coun-i
tv and give the Republicans control OF
both branches of the legislature. On,
the face of the returns the Republic
ans have majority in the house and
the Democrats a majority in the SEN
ate.
Another result of the exclusion of a
few precincts would be-to put the Re-.
publicans IN possession of all the city,
and county offices except the nayoral-
ty, should the supreme court decide
that the spring election was not legal
and that these offices were to be filled
at the November election. The Demo-
cratic majorities ran from 700 to 2,OOO.i
Should the entire vote of those city
assumed jurisdiction be disregarded,
Alva Adams, Democratic candidate for
governor, would-1os 1885 votes and
Gov James R: Peabody, Republican,
S,541, q net loss of 10,304 for Adams,
but this alone would not result in his
defeat, as his majority in the state is
something. over 11,000.- s-s-ss-s-.s
In announcing the decision to ex-
clude the returns of Precinct z, Ward
s, Chief Justice .Gabbert said:
Frauds cannot be, fully. prevented
unless the court assuming jurisdiction
to prevent them has the power. to undo
them in all cases where they are COM
mitted in violation of its orders. A
court of equity has the inherent power
to effectuate its orders and the motion
will therefore be sustained
Dissenting from the opinion of JUS
tices Gabbert and Campbell, Justice
Steele said: -
I'm my, opinion the finding of the
court is unwarranted, unprecedented
and directly contrary to the law. This
court has no power to take the action
that it has" -
The hearing of the contempt charges
was resumed. today by the supreme
court, the case of Precinct 2, Ward z,
being taken up. The defendants are
Leonard Rogers, Democratic candidate
L
police captain; Michael Goar, consta-
BILE; w. G. Adams, Louis Hamburg and
John P Kendrick. The complaining
witness is Jay Cook Jr., supreme court
watcher. The prosecution presented
evidence tending to show that there
was repeating, ballot box stuffing and
disturbances at the polls, for which the
defendants were responsible. 1t is an
nounced that 120 more warrants have
been issued by the supreme court on
application of the Republicans for the
arrest of persons alleged to have been
implicated in the. election frauds,
CRIPPLE CREEK, Colo, Dec. A.
In contest papers filed today by Ben
jamin ]. Coleman, Democratic candi-
date for county judge, charges of brib-
cry, fraud, Intimidation and premedi-
tated assassination to carry the cleo
ton in Teller county are made against
the Citizens Alliance, the Mine Own
ers' association and the Republican or
ganization.
PUEBLO, Colo. Dec. 14.-Another
Indictment was returned by the special
grand jury investigating election frauds
in this city today against County Com
missioner A. H. Smith on four counts
for distributing liquor at the polls. He
was arrested but was released on
h0TdS 0f e600 in each ease