The San Francisco call., 1904-12-24
WILL CONTEST
FOR PEABODY
Republicans to Take Their
Case to the Legislature
in the State of Colorado
FIGHTING FOR SEATS
Lawyer Contends That the
Watchers Are Responsible
for the Election Frauds

DENVER, Dec. 23.-According to a
report published in the Times to-day, 1t
has been definitely decided by the Re-
publican leaders to contest the election
of Alva Adams as Governor before the
Legislature by which the vote is can
vassed. Their purpose, it is said, is to
submit evidence of frauds committed
in ninety-nine Denver Democratic pre-
cincts over which the Supreme Court
took Jurisdiction and ask to have the
entire vote of all these precincts reject
ed in accordance with the example OF
the court which threw out the votes OF
five precincts where it was shown by
the evidence in contempt cases that its
Injunction had been violated.
In defending Clarence P. Dixon, the
election clerk, charged with contempt
in having permitted illegal voting at
the November election in violation OF
the Supreme Courts injunction, Attor-
ney Philip Hornbein declared in open
court to-day that the ballot box must
have been tampered with since the
election. The experts report had shown
that there were eighty-one ballots in
the box which were folded in such
manner as to show that they were not
deposited in the usual manner through
the opening in the box.
1T is impossible" said Hornbein,
that any election officer put the
eighty-one folded ballots in that box.
The Supreme Court watchers were
there the entire day; they stayed until
the morning after election, when the
box was taken to the courthouse; they
did not allege that any stufting of the
box had been done, and the only theory
/ have for the presence Of those eighty
one ballots in the box is that they were
put there by some persons not connect
ed with the Democratic organization"
He intimated that the watchers had
been bribed.
When the case of w. H. Hunter, who
is accused of contempt in Precinct,
Ten, Ward Three, was called this aft
ernoon, he failed to respond. His
bondsmen were given until January 3
to produce him. No more contempt
cases will be tried until after the holi-
days.
The State Board of Canvassers spent
the entire day in hearing arguments in
regard to its authority to go behind the
returns presented by the county can
vassing boards. The board, which is
composed of five State officers, all of
whom are Republicans, has been asked
to throw out the vote of certain pre-
cincts in Boulder and Las Animas
counties on the ground of alleged
frauds and award the certificates of
election to two Republican candidates
for the State Senate. On the returns
Democrats were elected ard the Senate
is a tie, its membership consisting of
seventeen Democrats and seventeen Re-
publicans.
Attorney John A. Rush, representing
the Democratic State organization, late
this afternoon made application to the
Supreme Court to set a date when it
would hear arguments on a petition for
writ Of mandamus to compel the
State Canvassing Board to count the
returns as made by the County Clerk of
Las Animas County on the vote for
Senator. The court complied with the
request and named Tuesday next as the
date.
While the board does not concede to
any court the power to direct it in it's
duties of canvassing election returns,
the inference was given that nothing
would be done in the Senatorial con-
tests until the Supreme Court had dis
posed Of the petition for a mandamus
writ
The action of Attorney Rush to-day
will bring before the Supreme Court
the question of the power of the Cam
vassing Board to go behind the returns.