Durango semi-weekly herald., 1905-03-02
DENVER LETTER.
DenYer. Feb.

Denver, Feb. 81 1905.
The findings prepared by the attor-
neys for the two sides of the con
test respectively, are now before the
contest committee. They differ al
most In toto, OF course. The Demo
Gratis find that allowing for all the
fraudulent votes shown by the Repub-
licans, Adams has still a plurality of
4,031; and the Republicans find, that
allowing for all the claims of the Ad-
ans people, Peabody has still plur-
ality of 2,280. Each of them alleges
tnat the real plurality for their candi
date is much greater than this.
These differences are easy to be
explained when We examine the tes-
timony and see the different theories
on which the findings are brought.
fhe crucial point is this: The Re
publicans claim that when collusion
by the election officials in fraud is
proved--when a conspiracy is shown
to have existed to seat Adams regard
less OF tine actual vote-the vote OF
precincts in which the conspiracy is
existed and was in operation should
he thrown out altogether; and the
Democrats claim that the Illegal votes
in such precincts can be separated
from the legal votes, and only the IL
legal votes should be thrown out.
II the Republican contention is up
held. about 10000 votes for Adams
will be thrown out: II the Democratic
contention is upheld, only about 5000
votes will be thrown out In other
words, the Democrats admit tnat
there was fraud. but not enough to
seat Peabody: the Republicans claim
that there was good deal more than
enough to seat Peabody.
The law on the subject Is not diff
cult to come at. In the Londoner
casa 15 Colorado, $685., 1t is said
When the men whose sworn duty
It is to superintend and conduct the
receiving. depositing. counting and
returning of votes. become active
participants in conspiracy to secure
dishonest and fraudulent results. con
fidence in the potency and purity of
the ballot can no longer exist. Sucn
conduct renders futile the attempt to
express the popular will through the
ballot box. The existence OF the pow
er to discard the entire return is
public necessity. and its exercise, IN
der proper circumstances, is san
ctioned by the overwhelming weight
OF judicial authority"
This principle is one laid down In
all the text books on the subject and
is found frequently recognized in the
deternination OF contested election
cases by the national house Of repre-
sentatives. In Knox VS.. Blair. 3sth
Congress, it was said:
When rne result In any precinct
has been shown to be so tainted with
fraud tinat the truth cannot be de
ducibie thereYrom, then 1t should new
er be permitted to form a part of the
canvass The precedente, as well as
the evident requirements Of truth, not
only sanction. but call for the rejec-
ton Of the entire poll when stamped
with the characteristics here SHOWN" /"
Many other cases are cited in the
Republican report to prove that when
a conspiracy is shown to have exist
ed among the election officials the en-
tire poll must be thrown out. Mr..
= Shanroth recognized this in his cele-
brated speech in the house OF repre-
sentatives two years ago. when he
recognized that the honest votes
could not be separated from the die
honest ones in a precinct where fraud
was shown to be connived at by the
election omcials.
The Republican claim Is that evi-
dence uneontroverted has shown the
existence OF . conspiracy to elect Ad