The Lamar register., 1904-01-27
COLORADO STATE
CAPITAL AFFAIRS


ties in Gheir mandamus suits against
the City and County OF Denver Tor the
immediate payment OF Sl03,O0O to those
counties as their share OF the assets of
old Arapahoe. Judge Johnson. how
ever, allowed the district attorney three
days IN which to file a supplemental re-
ply TO the petitions OF the two outside
counties.
Residents of Washington county Will
be pleased to learn that steps Will be
taken at once by the state engineer
toward the construction OF The road IN
.nat county for which the Legislature
made an appropriation several years
ago. This appropriation for Washing
ton county has never been touched.
and 5000 is available for the work
contemplated The Legislature made
an appropriation several years ago
for Il road running through Morgan.
Washington and Yuma counties, almost
parallel TO the railroad. Morgan ana
Yuma spent their share of the money,
but the residents OF Washington couh-
ty were not quite ready for the i'm
proyement contemplated hence the
money was left in the state treasury.
Supplemental pleadings were filed in
the Worlds Fair Board cases which
tlTt UbW lHt bloti ~ '@o"'' -
one case is that of Harry Casady.
treasurer OF the board, against Van h.
Rouse. former treasurer; the other is
the people against Rouse. These suits
are to force Rouse TO turn over SlS.-
900 OF the money appropriated for the
board which is held by the former trea-
surer. The supplemental pleadinGs
show that the term of office of the Old
board of which Rouse was member
expired ON December 3lst last, and that
on the same day Governor Peabody ap-
pointed new board. All of the meni-
bers of the new board are the same as
those OF the old, except that Casady is
made treasurer in place OF Rouse. who
was removed before the end of last
year.
Some of the assessors and treasurers
of Colorado counties may be removed
from office as result of their failure 10
enforce the law requiring every male
citizen over twenty-one years oil age
and under sixty-five year,, not exempt
by law, to pay poll tax. Not all the
assessors and trcasurers are charged
with negligence in this respect. Some
of them have tried To collect the tax.
but others have not made the slightest
effort in that direction. and IL is the
latter that may get into trouble. Gov
ernor Peabody has the power to re-
move an assessor or treasurer who fails
to perform his duties, as defined by the
laws of the state. General Bell says
that the governor may invoke the pow
er conferred by law unless there is an
immediate improvement in the poll tax
situation. An investigation made by
the adjutant general shows that for the
four years from January l. 1900. To
January /, 1904. there is due poll tax
to the extent of 100000.
Through n decision rendered by
Judge Carpenter in the District Court
at Denver in the corporation incense
tax case against the American Smelt'
ing and Refining Company that corpor-
alton has no standing In the courts oil
the state and can not invoke their aid
to enforce contracts In announc'
ing his decision Judge Carpenter said !:
SO long as it confines itself TO inter
state commerce | presume it has a
right to go ahead. But the state, un-
til its legal demands are satisfied, is
not bound to extend any protection ia
enforce its contracts in any court. AS
| understand. that is all that :s meant
by this judgment of custer. And II
is open at any time to the corporation
TO restore itself to the privileges II
has lost by the payment of the taxes.
That is the law. Whenever they see
fit to pay this tax with a certain pen
atty for the delay. the forfeiture, as ii
is called in the statuie-in fact sus'
pension-shall be removed" Notice
OF an appeal was given.
a suit affecting the organization of
the Overland Cotton Mills Company
was filed in the District Court ON the
,1.s Natl nm n
Bank. The defendants are the Over
land Company. the Denver Public
house Company and the First National
Bank. The complaint alleges that
notes amounting to nearly 100000 have
been given by the"cotton mills COM
pany to the bank. and that most OF
these are now overdue. To protect
these notes an injunction is asked for
agianst the mills company. prevent
ing il from disposinG Ot any OF It's
property or of the warehouse receipts
for goods belonging to it which are
now in storage with the Denver Ware
house Company. A large number of
claims are said to be outstanding
against the cotton mills company. ana
it is expected that many of these viii
be made part of the present suit in Or
der that the affairs OF the company
may be Strengthened out as quickly as
possible. 1t is understood that an eff
furt will be made to reopen the mills in
the interest of a large number of cred
itors as well as the stockholders.
w. II. Montgomery. deputy state Ia
Dor commissioner. mas announced a
new code of procedure In his office.
The collection agency feature, which
entails a vast amount OF work and
practically makes it impossible for the
commissioner to attend to other mat
tiers, will be eliminated. During the
last nine months OF 1903 claims
amounting to about $4,000 were
placed in the hands or the commits
sioner for collection. The total for the
two years preceding was about s13.-