Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-12-19
Colorado Supreme Court Takes
Radical Action In Denver
Election Cases.
REPUBLICANS GAIN MUCH BY IT
Party Managers Claim that Gov Pea
body viii Yet Have a
Plurality


tlce Gabbert today announced the de-
cislon Of the supreme court to throw
out the entire vote OF three precincts
OF ward 8 and one precinct Of Ward
al the late election on the ground that
gross frauds were committed IN direct
violation Of the injunction served upon
Die election officials.
Judge Campbell concuwed In the de-
cision but Judge Steele dIssented. say
Ing that only the Illegal votes, which
had been identified. should be rejected
and the legal votes should be counted
The decision does not affect the votes
for prasldent and congressman, which
had already been counted with the per-
mission Of the court.
fhro1gn the action OF the court In eX-
oludluC i've Denver precincts from the
abstract OF returns to date HepuDHcais
Nul secure a solid delegation I'm the
legislature from the city and county
OF Denver and VII ob,ain control OF
both branches of the legislature Whlch
canyasses the vote for state Offices.
on the face Of the returns AVA
Adams Democratic candidate Tor gov
ernor had plurality OF about llOOO
but the Republican managers clam
that when all fraudulent votes are
eliminated Gov Peabody VIII nave
plurality and viii be reseated.
The supreme court this afternoon
granted motion, made by Johh NJ
Waldron, one Of the Republican attor-
neys, asking the court to enter AN order
recurring the election commission TO
certify all the names and the votes on
ali the judicial, executive and legsld-
tive officers to the state canyasslnB
board
The result of this order Of the court
Il is expected, will be that no more
precincts will be thrown out and that
any further action toward throwing out
OF illegal votes win be made In con-
tests before the county courts, In couh-
ty contests, and before the state con-
vassing board In legislative matters
and before the Legislature concerning
the office Of the governor
The supreme court, however VIII con-
tlnue to Investigate the charges OF DIS
obedience OF court orders and punish
the men found guilty Of contempt on
Monday next the experts will report on
the condition Of the ballot box In pre-
cInct 3, ward 4, which was opened To-
day.
Since the supreme court began its
trials for contempt Is men have been
sentenced to the county Jail for terms
varying from three months to one
year, and in nearly every case a fine
has also been imposed In ore case
the Judgment was suspended, hut the
other IL are serving their sentences
The action Of the supreme court in
assuming original Jurisdiction OF
city election is said to be unusual In
the annals Of law Before the late
election, the Republicans, believing
that gross frauds were contemplated In
a number Of wards usually strongly
Democratic, petitioned the supreme
court Of the state TO appoint watchers
and issue an injunction against any IN
reference with the watchers I'm % pre-
clncts Of Denver
Both parties submitted lists Of names
from which the watchers were to be
chosen, but the court made its selec-
tion from the list furnished by the
Republicans.
Similar intunctions have been Issued
and watchers appointed in the past In
Denver on two occasions, but I'm both
cases the district court issued the or
ders, and the injunctions were dlsre-
garded 20 great extent.
So far the supreme court has opened
FIVE ballot boxes and In each gross
fraud was discovered.
While Il is expected that no more
precincts will be thrown out, II Is be-
ileved that more boxes VIII be opend
besides the one opened today, and that
they will form the basis Of contests
before the legislature,
Already enough votes have been
thrown out to insure a Republican ma
iorlty in the senate, and the house had
previously been declared Republican
at the polls.
on the county ticket every Republic
can candidate now stands elected eX-
cent I'm the case OF Assessor Alexander
and Judge Ben Lindsay The former
appears to have about 1000 plurality
and the latter was on both tickets.
This may be an empty honor for the
Republicans, as the supreme court has
yet TO pass upon the validity Of the
spring election for county officers. II
that election Is declared valid, the
Democrats elected at that time will
on ntfpuo 20 hold nf1Ipn