New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-30
THE COLORADO CRISIS.
No Decision on Plan to Keep GoU-
er1lor Peabody in Office.

Denver, Dec. 29-Few members of the legts-
lature have yet arrived in this city. and whether
the plans of William G. Evans and other Repub-
lican leaders to reseat Governor James Peabody
will be adopted by a majority of the Republican
members is still undecided The Republicans
have even two-thirds of the votes on joint
ballot, and can carry any measure on which they
are united. Republican caucus probably will
be held next Monday, at which the contest for
the Speakership of the House and the plan to
continue Governor Peabody in office will be con-
sidered There are at least half dozen oandi-
dates for the Speakership.
Some Republican members known followers
of former United States Senator Edward o. VOL
colt have declared that while they do not con-
template a union with the Democrats under any
consideration. they will oppose vigorously any
plan for keeping Adams out of the Governorship.
The Wolcott representatives say they will go
into party caucus and will agree to abide by
the decision of the caucus UP to point where
it conflicts with their conscience. They insist
that they have always strictly observed party
regularity, but when a course Is commended that
they believe Is morally wrong they will not fol-
low it, and they VIII not consider their decision
in that regard as irregular" The plan to seat
Governor Peabody, some of them declared. is
wrong, and caucus action will bring them TO
for State officers is made by the legislature, and
is not subject to review in the courts
By the action Of the State Canvassing Board
in issuing certificates of election as Senators to
Cashmere Barela and Henry B. Willard the Re-
publicans have secured absolute control of the
General Assembly. The Republican plan, 1t is
said. is to throw out the vote of all Democratic
wards of Denver and count the vote of the Re
publican wards. The Senate now stands: Re-
publican, 80; Democratic. 10: vacancy, 1. On
joint ballot the legislature stands: Republican,
IS; Democratic. 80.
by throwing out one Las Animas County pre-
cinct the canvassing board converted minority
of 124 into a majority of 2O7 for Barela, and
by similar action in Boulder County the re-elec-
ton Of Senator Ward. Democrat. was nullifled
and his seat given tc Hillard.
Although the members Of the canvassng board
refused to say how they stood the PROPOSE
ton to go behind the returns it has been
learned that one member, State Treasurer Whit
ney Newton, opposed to the action. Those
who voted in favor Of unseating the Democratic
Senators-elect are: Governor James H Peabody.
Secretary of State James Cowie, Attorney
General n. c. Miller and Auditor J. A. Holm
berg All the members of the board are Repub-
licans.
For the first time in the history of the State
judge Of a district court compelled to-day
TO appear in person before the Supreme Court
Of the State and explain to that tribunal why
uel L. Carpenter, Of the District Court, was the
man served with the citation.
A solemn protest against the action of the
high court was entered by Judge Carpenter,
and he said that under the circumstances he
believed that he had authority to issue the
writ against the State Canvassing board to
force that body to canvass the returns made for
Charles E. Ward and Dr. Michael BeshOar. can
didates for the Senate on the Democratic ticket
from Boulder and Las Aninas counties respec-
lively Being advised that the Supreme
Court has decided that district courts have no
power to issue such writs, the judge said: 1T
becomes obligatory upon this respondent, with
out any order of this court of his own motion
to dismiss such proceedings
Judge Carpenter was thereupOn discharged by
the Supreme Court. the writs issued by him were
dismissed, and he was directed not to take any
further action, directly indirectly. in the
matter
Decision in the contempt proceedings against
Bell, who were cited in contempt for procuring
the writs, deferred until next Tuesday. An
swers were filed on behalf of both of the ac-
cused attorneys. From these answers it ap-
peared that Bell was not attorney Of record
in the case before the District Court and merely
telephoned information Of the Supreme Courts
decision to Rush Both attorneys pleaded ig-
nOrance of the full scope OF the decision.
Chief Justice Gabbert announced late to-day
that the Supreme Court had not found time TO
consider the petition of CTovernor-eleot AIva
Adams to open all the ballot boxes used in Den
Yer at the recent election and determine the ex-
tent of the frauds.