Durango semi-weekly herald., 1904-11-21
SUPREME COURT
AND THE ELECTION.

From the Denver Post
Thousands of people are asking
rs The supreme court OF Colorado
going to decide whether Peabody or
Adams is elected governor
The answer is: No the supreme
court is not going to decide who is
elected governor, because 1t has no
such power and there is no such case
before It, In the event of controversy
over the governorship. the legislature
has the exclusive power to decide
who is governor on a joint ballot ot
both houses.
The supreme court, however. has
heard arguments in the cases of TWEEN
ty-seven persons charged with con
Tempt in violating the order of the
court concerning the conduct of the
recent election. Wherein the action
Of the supreme court is vital is that
it will furnish the basis for the decis-
ion of the Legislature between Pea
body and Adams.
Therefore. the Democratic attorneys
are pleading that the court shall re
verse itself and decide that it had
no business to mix in the election and
accordingly. should discharge, with
an apology for its mistake, all the
persons accused OF defying its writ.
The situation is really very simple
Before the election the state of Colo
RADIO, through Attorney General Miller
and in behalf of James ii. Peabody.
Republican candidate for governor
and ID. b. Farley. chairman of the
Republican state committee. represen-
ted to the state supreme court that
conspiracy existed to carry corruptly
ninety-nine election precincts in wards
|. .. 3. A, 5, 6. and IL in Denver by
fraud and intimidation, and asked
that the chief judicial power take
measures to restrain and enjoin the
threatened lawless acts.
The attorneys for the Democratic
committee protested that the court
had no jurisdiction. But the chief
tribunal decided that 1t did have jur-
sdiction and issued an order address
ed to the elections commissioners,
the board of fire and police commits
sioners, the sheriff. the officers of
election. and everybody whom II
mi ght concern, enjoined them from
failure to see that the election was
conducted as set forth in its mandate
and. particularly, to respect and pro-
tect watchers who would be sent to
the ninety-nine precincts as offers of
the supreme court.
Wherever the supreme court
watchers by violence, threat, insult or
trick. were obstructed from seeing
that a fair election and an honest
count were held, such acts consutut-
ed violation of the writ of the court.
Twentyseven persons have been
arrested at instance of the supreme
court watchers. but. before hearing
evidence of their guilt, the court has
| listened to arguments of the Demo
cratic attorneys urging that 1t had
no such power and had blundered when
assuming that it did and, therefore.
the accused should be discharged
OF course, the distinguished gentle
men who made this plea are not ex.
cited about the twenty-seven accused
because. if Mr. Adams takes his seat
as governor. he can pardon them. but
they are excited about the effect OF
the supreme court retaining jurisdic
tion.
They remember the case when the
state board of equalization made as
sessments in defiance of the order OF
the supreme court and. not only were
the officers defying the writ adjudged
TO be in contempt. but the assess
ments so made were declared void
They remember too, the Shaffrotf
case. in which congress held that any
precinct tainted with fraud must be
thrown out as presumably all fraud
ulent. unless the Democrats. could
show that the votes We're genuine
They could not do so. and Shaffrotl
resigned
The fear of the Democratic attor
neys. who urged the supreme cour
to reverse its position and announc,
that II was wrong. is not that the
twenty-seven accused will be senten
ced for contempt but that, wherever
the officers Of election violated tn,
writ governing the conduct of tn,
election that precinct election was
void and should be regarded as neve,
having taken place.
The precincts in question are those
where Adams got his heaviest plural
tiles.