Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-31
C0L0RADO's ELECTION
United States Supreme Court
Called Upon to Act.
QUESTIONS INVOLVED
JURISDICTION OF STATE COURTS
MAY BE DEFINED.
Widespread Interest in the Case That
Involves the Choice Of a
Governor.

The Colorado state election case win soon
be brought before the United States Su-
preme Court on a writ of error, alleging
that the supreme court of the state OF Colo
RADIO exceeded its authority in taking juris-
diction in the matter. The first question
that will be brought before the court will
relate to the right of the state supreme
court of Colorado to take Jurisdiction in
these cases. and should it be decided In
favor Of the petitioners the entire election
case will be thrown open, with results that
cannot be foreseen.
In this case the supreme court of the
state has taken an unusual part. Before
the election was held in November the
court appointed watchers In the various
precincts of Denver In order to deter
mine whether the election was honestly
conducted. In many of the precincts these
watchers were not privileged to observe,
the proceedings, and In about thirty cases
this failure to permit the watchers for
the court to observe what was going on
was declared to be contempt OF court.
About thirty convictions have been OBJ
tanned under these charges of contempt
and the men have been sent to jafl for
varying terms or have been required to
pay fines or both.
Supreme Court of Colorado.
The supreme court of Colorado is COM
posed OF three Justices. They are Chief
Justice Gabbert and Associate Justices
Campbell and Steele
Gabbert was elected as populist, Camp
bell as a straight republican and Steele was
the party to go with the silver republicans
and finally became democrat. It is under
stood that the action of the supreme court
has been taken on the votes of Gabbert and
CampbeT, while Steele has protested
against their course, claiming that the
court has exceeded authority
Practically the only election involved in
this contest is that Of the governor. The
legislature is republican by an overwheln-
ing majority and Roosevelt. carried the
state by about 5000. A strong fight was
| made on Governor Peabody by the labor
union elements on account OF bis course In
dealing with striking miners.
The result was the defeat of Peabody
and the election of Adams, democrat, on
the face Of the rsturns, By majority of
The city of Denver and its vicinity was
the center OF the alleged fraudulent con-
duct at the polls. The supreme court of
the state decided that fraud in precinct
vitiated the entire vote of that precinct.
and in that way enough precincts will be
thrown out to overcome the majority of
Adams and to seat Peabody If this course
is carried out
Two Judges in the Balance.
There is another interesting feature Of
this contest There We're formerly a court
of appeals and a supreme court in the state.
The court of appeals has been abolished.
and the supreme court has been increased
from three to five members. The gov
ernor of the state elected in November VIII
appoint the two additional members of the
supreme court.
The result of this contest will determine
whether these two members to be DEM
ocrats or republicans. As there is one DEM
ocrat on the court the appointment of two
other democrats would give the democrats
a majority.
While the republicans claim that frauds
We're practiced in Denver. the democrats,
on the other hand. declare that in other
parts of the state there were widespread
frauds on the part of the republicans
The democrats have appealed this case to
the circuit court of the eighth circuit a
writ of error but that court held that it
could not act in the matter. In this stage
of the case the democrats have turned to
the Supreme Court of the United States
and expect TO obtain a decision from that
court that will permit some other course in
the determination of all the questions that
have arisen.
Senators Not Involved.
Neither of the senators from Colorado
will be affected by the results of this con-
test except that members of the legislature
who were elected last November will hold
over two years hence, when Senator Pat
terson's term will expire and when his
cessOr will be chosen. Senator Teller's
term Will expire LOT lOuF years, ana All
the members of the legislature who will
take a part in the election of his successor
are yet to be chosen.
When this matter comes before the
United States Supreme Court it is expected
the entire question of the procedure to be
followed in the case of an alleged fraudu-
lent election in a state will be discussed.
and it will be the effort of the democrats of
Colorado to have that matter judicially de-
termined by the highest court in the land
The is expected to he one of the most
notable ones on which the Supreme Court
is called upon TO act.