The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-12-01
REPUBLICAN PLOT.
How They Expect to Seize the Office
Of Governor

Denver. colo, Nov 30.-The supreme
court today heard argument on a mo-
ton which has an important bearing
upon the result of the election of gov
ernor and members of the legislature
i'm this state. Attorneys representing
the Republican party have asked the
supreme court, which has assumed
original jurisdiction in the local cleo
ton cases, to order the Denver election
commission to- throw out the entire
vote Of a precinct i'm which il is al
legged the courts order relating TO
watchers was violated. without an in
yestigation 10 determine the number
Of legal votes cast and without opening
the ballot box. Should the court order
the vote Of this precinct thrown out
the attorneys for the Republicans will
demand similar action I'm respect to
about fifty precincts in which it is al
legged that the courts orders were vio-
lated.
For Peabody's Benefit.
All these precincts gave majorities for
Alva Adams for governor and by
throwing out the returns the Repuo-
liCdn managers hope to overcome
Adams majority of about 11.00O i'm the
state and continue Governor Peabody
ia Office. The control of the state sen
ate also appears TO Kings upon the de-
cision of this matter
Two hours were given each side for
argument. Attorneys John NJ. Wal
dTon and II. J. Hersey made the argu-
ments in favor of throwing out the
votes and United States Senator
Thomas NJ. Patterson and Samuel Bel
ford argued against such a proceeding.
Attorney Waldron gave "A history of
h. - he. -,+
cases. Referring TO the precinct in
question he said:
The ballots were mysteriously spir-
tied away and papers We're substituted
which no human being had ever voted.
What we ask now is that the so-called
certificate which is really no certificate
at all be set aside and the defendant
elections commission be ordered not TO
count the returns"
Mr. WaldrOn charged that i'm the
present case the thieves had been pun
ished but up to the present time they
had been allowed 10 keep the stolen
goods.
no Precedent.
Senator Patterson questioned the iu-
risdiction of The supreme court i'm the
matter at bar, saying there was no
precedent 10 support the petition of the
Republicans II the court should grant
the application il would De encrOach-
ing upon the prerogatives of the legis-
lature, which body alone had the right
to say what votes should be counted.
The court then took the petition un-
der Amusement. but made no announce
ment as TO when a decision could be
expected
Another arrest was made today on
r7f .Ira
tempt. that Of Willis Spencer, an cleo
ton clerk He was released on $1,000
bonds.
John Kendrick, another election
clerk, who was arrested yesterday and
temporarily paroled on account of ill
ness. furnished a bond of $1,000 today
also
Court Gives Notice.
Chief Justice Gilbert gave notice
from the bench this afternoon that he
wished all lower courts to cease taking
jurisdiction in Denver election mat
ters. and also notified members of the
bar present that they must desist from
trying to further involve the Denver
election cases by seeking to have other
courts take jurisdiction.
The oral instruction was occasioned
y
J. Hersey, counsel to the Republican
party in election cases. for a writ Of
prohibition against the county court
preventing the operation of a mandam-
us writ issued by the county court di-
recting the election commission TO
make certain changes in the returns.
Ben +. Woodward. representing TheO-
dore Mcclure. Democratic candidate
for senator. 81 whose interest the man
damus was issued, attempted to make
an argument against Hersey's applica-
ton for a writ Of prohibition. 1t was
then that the judges ire awoke and he
gave the notification WHICH. he said.
was final. Judge Gabbert scored AT
torney Dunklee. representing the cleo
tons committee. for not informing him
of the action of the county court.
This was followed by an order Vacat-
ing the mandamus Of the county court.
Conspiracy Cases.
Frank Kratke, chief license Inspector;
Michael M2honey, alderman; Edward
O'Mailia, Charles Kofsky and Joseph