Rocky Ford enterprise., 1905-06-30
DEMOCRATS 0UsTED
FROM DENVER COUNTY OFFICES,
Supreme Court Decides That Change
OF Date Of County Elections from
Fall to Spring Was illegal.


Denver. June 24.-Hoiding that all
county officers are also state officers.
and therefore should be elected in the
fall. and also that the charter conven'
tion was without power TO create two
county judges In this county. the Su
preme Court has rendered a majority
opinion which will completely sweep
all tho present Democratic officials
out OF oiiice In the city and county OF
Denver.
The opinion was rendered yesterday
| afternoon ut . O'Clock. Justice Steele
and Justice Guntcr dissenting. The
decision was not expected until July
Sd. at which time the court will prob
ably adjourn for the summer vacation.
II WAS given yesterday In order to nj
low time for tho considering OF the
various anticipated petitions from the
| ieposed officers. so that the whole
matter might bs disposed OF by the
iimc the summer vacation began.
Justice Steele made n brief state
ment, in which he announced that he
and Justice Gunter did not approve OF
the majority opinion. and said they
would file dissenting opinion later.
Tho Democratic officials who are
deposed by the decision are: II. v.
Johnson. county Judge: Schuyler II.
Alexander. assessor: Robert J. Byrne.
clerk and recorder: Emma n. Hercy.
supcrintcnd mt OF schools: Charles s
Elder. treasurer: Hamilton Armstrong.
| sheriff: J. n. Stoddnrd. Roady kcnc-
| han and Daniel l.. Webb as members
OF the Board OF County Commission
ers: William a. Rice and BENJAMIN +
Siaplcton. Justices Of the peace. and
Joseph Berger and Michael Geary.
constablcs.
The new county officers nrc:
County clerk and recorder. a. q
vickcry; sheriff. Alexander Sisbct:
1 coroner. Il. p. Rollins: treasurer. G
". Bad.icy: assessor. G. G. Gird:
county superintendent OF schools
LILLIAN A. Field: Justices OF the peace
Il. r. Harrington. J. n. Lindsey: con
stables. W. J. Horncr and Eiwar<
Phillips: county commissioners. VII
liam Lawson. Eugene Mccarthy ans
Thomas Uxxeii.
The decision Of tho court is rcn
dcrcd In the case OF n. c. Miller. ut
torncy tscncral OF the state. In que
warran,o proceedings against Hcnr,
v. johnson. claiming to be county
Judge.
The opinion Of the Supreme Court
M delivered by Mr.. Justice Maxwell. is
very lengthy. Lut Its substance is prin'
cipaliy expressed In the foll.!!ng par
agraph:
"To corccdc that Article SS. author
izcs n charter convention TO lcIfSlatc
upon any subject whatever. In contra
vcntion Of any OF the provisions Of tho
constitution. relative to governmental
or state matters. or to county or state
| Offices and officers. IL to concctc thar
such convention might displncc tho
consultation In every respect. and the
charter. being the organic law OF the
city and county. would thereby become
supreme within the territory included
In the boundaries OF the city and
county; hence, We would have por'
ton of tn, state freed from the con
stitution: over which the state had no
right to leIisiate: which could have
no interest whatever In any legislation
which might be enacted by the state.
! relating TO ate and government nf'
| fairs. In short. an impcrium In i'm
pcrio. n condition which cannot be
brought about or exist. even by consti'
tutional amendment. rs cmphatically
decided by the majority opinion In the
Sours case"
The deposed county officials are
those elected at the May election un'
der the provisions Of the new charter,
those Installed are the ones receiving
n majority Of votes at the November
election. which the charter assumed to
do away with.