The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-12-15
PARTISAN COURT
CARRIES DENVER
viii OF the People Frustrated
by Supreme Judges.
PLAIN VIOLATION OF LAW
ADAMS SECURE IN SPITE OF
COARSE WORK.
PLAIN VIOLATION OF LAW

NENNER, Colo, Dec 14-By decid-
- ing today to throw out the vote Of
- precinct Z, ward s, Of this city, in
consequence of frauds committed there
at the late election the supreme court
established a precedent that may be
applied TO many other precincts in
which II is alleged, the courts injunc-
i've order was violated. and thereby
vitality affect the results of the elec-
ton. Should similar action be taken in
olner cases 10 the extent demanded by
tne Republican lawyers il will result in
the counting in OF the entire RepubH-
can legislative ticket in this county and
give the Republicans control OF both
branches of the legislature. on the
race OF the returns the Republicans
nave majority in the house and the
democrats a majority in the senate.
Affects City Election.
Another result of the exclusion of a
rev precincts would be to put the Re-
publicans in possession of all the city
and county officers except the mayor
atty should the supreme court decide
mat the spring election was not legal
ana that these offices were 10 be filed
AZ the November election. The Demo-
cratic majorities ran from zoo to 1000
Inc returns Of four city precincts in
which election officials have already
been convicted of contempt Of court. all
81 which may be ordered thrown out.
are as follows:
ward five, precinct six, Democratic.
20 republican, Sc. Ward five. pre-
elnet nine. Democratic. 2S4: Republican.
~ Ward seven. precinct eight. Demo-
cratic, 296; Republican. 81 Ward
seven, precinct ten, Democratic. S6s;
Republican. 46. Totals, Democratic.
l.zO6' Republican, 202. Democratic ma
jority, 1904.
Cannot Defeat Adams.
Should the entire vote of eight city
Wafas over which the supreme court
assumed jurisdiction be disregarded.
ava Adams, Democratic candidate
would lose 1885 votes and Governor
James n. Peabody 8.541, a net loss of
IV'oV4 Tor Adams. but this alone would
not result in his defeat as his ma
yoIlty IN the state is something over
IN announcing the decision TO exclude
ne returns of precinct eight ward
seven, Chief Justice Gabbert said:
Frauds cannot be fully prevented
unless the court assuming Jurisdiction
10 prevent them has the power to undo
mem m all eases where they are com
united i'm violation of it's orders. A
court Of equity has the inherent power
10 enectuate its orders. and the motion
Will therefore, be sustained"
Strong Dissenting Opinion.
Dissenting from the opinion of
justices Gabbert and Campbell, Justice
Steele said:
In my opinion the. finding OF the
court rs unwarrsnted. unprecedented
ana directly contrary to the law. This
court has no power to take the action
that it has.
-. Il had no opportunity to prepare a !
written opinion in the matter, but 1 will !
Go 50 later"
Hearing Resumed.
The hearing of contempt charges
was resumed today by the supreme |
court the case from precinct Two. /
ward Seven. being taken up. The de- |
PENDANTS are Leonard Rogers. Demo. /
cratic candidate for the state senate /
FRANK w Lee, police captain: Michael /
'ediE' constable; William c. Arams. |
louis Hamburg and John p. Kendrick /
! ne complaining witness is JAY Cook. /
j. supreme court watcher The pros /
ecution presented evidence tending 70 /
SHOW that there was repeating and bal !
lot box stuffing and disturbances at the |
polls for which the defendants wer, /
responsible.
Mrs. Anna Anderson. the Rel ubli- /
can Judge testified that voting OF /
names registered from vacant lots was /
& mmOn When she refused 20 sig,
the returns, she said Leonard Rogers /
threatened TO put her IN jail The Re
publican watchers were forcibly elected I
from the polling place
Police Captain Lee. one Of the defend 4
ants. examined lhe witnesses for the
prosecution on his own behalf and Oh
tanned from them admissions that he
lad no part in any disturbances that
occurred and that no complaints were /
made TO him.
The court ordered Captain Lee dis
Charged.
Prize-fighters Arrested.
While the trial vas in progress Thorn.
as Kinsley. prize-ighter who was a
special officer i'm this precinct was
brought into court and his name was
added TO the list of defendants. H
was arrested when passing through the
city today en- route from Deadwood TO +
Salt Lake.
The court denied the request of the
Republican attorneys for the opening
of the ballot box from this precinct
eli the ground that the evidence of