Gilpin observer., 1904-07-21
STATE CAPITAL NUTEs
-1-Tl.:N .:NA..a

fry can hardly be met, but the fish
commissioner win send out a million
rainbow and native fry. agy.s9 ~
r, p. Teele of Washingtoa,D 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 ONCE has com
pleted it's 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
$4,000 was made by the last leglsla-
ture for this purpose. The road,
which extends from Buena Vista to
Redcliffe, was built several years ago
and was intended to be a part of the
road extending from Denver to Grand
Junction.
Governor Peabody on the 10th inst.
appointed commission Of three to in
quire 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 Denitentiary. Peters has recently
shown every indication of violent in
sanity. The commission consists OF
Drs. S. ID. Hopkins and Howell L.
Pershing of Denver and f. N. Carrier
of Canon City. According to the stat
utes of Colorado 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. Il read the return before the
court till got to the place where it
Z first states that Meyer was not in the
hands of the governor when the writ
was served. Here l 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 suffi-
cient." The attorneys for Meyer will
be given till August 4 to file 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 Creek district.
Governor Peabody said it was impossi-
BILE 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. 1t
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 af-
ford. In this connection, however.
want to say that no requests for pro-
lection will be considered from men
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
estethroughout the state. 1t 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.. B. Strait. Prior
to 1899 the salaries of all county Off
GERS were fixed by the salary act of
1891. The act materially reducing such
salaries was passed in 1S99 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
the purpose of determining this ques-
ton. Mr.. Straits salary as clerk Of the
District Court under the act Of 1891.
was $2,500. Under the latter act it 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 overruled in the decision
by Judge Dixon. He holds that the act
Of 1899 is unconstitutional and that MIR.
Strait is entitled to salary at the old
rate.
At the army headquarters of the De-
partment of the Colorado. preparations
have been completed for the annual
rife and carbine 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 to represent the department are
as follows: From the Second infantry
at For. Logan, Capt. s. G. Lincoln and
Lieuts. c. w. Barber and William r.