Idaho Springs siftings., 1905-03-11
PEABODY VS.. ADAMS
ARGUMENTS OF THE ATTORNEYS
Charles s. Thomas Speaks for Adams
and John s. Waidron Repre-
scnts Peabody.

scnts Peabody.
Denver March arguments by
counsel In the guhernatorial contest
were completed yesterday afternoon.
Sixteen hours had been used, eight by
each side. Members OF the joint con-
vention will begin this morning their
debate on the case. They will speak
to the four reports that have been sub
mitted by the joint contest committee
Ten minutes will be allotted TO each
member Any member may yield his
time to another. but under the rules no
one can talk over twenty minutes. II
is believed that not more than half the
legislators will wish to take part In
the debate. In that event the discus
sion will take up less than nine hours.
Former Governor Charles s. Thomas
consumed two hours during the morn
| ing and one hour in the afternoon ses-
sion yesterday with a powerful argu-
ment in behalf of Governor Adams
| cause.
"The duty has been assigned to me-
began Mr.. Thomas. TT present what
ever else may be said in behalf OF
.ontestee shall endeavor to confine
| myself to things which have not been
| touched upon"
In the course of his address Mr..
| Thomas said;
There are three fundamental propo-
| sitions presented by this record. The
| first is. shall the will of the majority
rule? The second. shall the man who
now occupies the governors chair by
| constitutional right be deposed 10
| make way for a mar who was never
| elected by the peoplef Third. shall
| precedent OF this kinc be established?
This alleged conspiracy is pecu-
| liar thing II was located in six coun-
Ties. Who would naturally be the con
,pirators2 The Western Federation OF
Miners. the Mine Workers of America.
| and other labor organizations. They
| Of all others would have cause to try
to defeat Mr.. Peabody. Yet the con
spiracy appears In isolated spots, the
| lower part OF Denver. which is Demo
cratic. in Pueblo. Boulder. Las Ami
mas, where the power Of the Colorado
Fuel and Iron Company and the Victor
! Fuel Company hold the county in its
remorseless grasp.
Have you thought that in following
! Mr.. Waldrons advice as To this CON
spiracy you viii disfranchise 10000 OF
your fellow citizens? Not De nocrats
alone, but Republicans IS well.
mfr waldron refers % the spring
election. That was a Conejos county
| combination. and | think | am not
wrong in saying that Mr.. Waldron
himself supported that combination
ticket, II the Denver charter election
was Infamous II was made SO because
OF the fact that the influences asking
you to seat Governor Peabody sup
ported the Democratic ticket at that
time
Expert testimony is an extremely
delicate matter" he said.
ITO be at all convincing It requires
much time and infinite care before even
approximately accurate results can be
reached. Yet In this contest In four
teen days the Republican experts
passed upon 0.000 ballots. IL was be
yond human possibility TO get anything
like accuracy in such an examination.
Mr.. John NJ. Waldron. attorney fol
MIR. Peabody. made the Closing address:
In which he said;
Il did not say that In the determine
tion of this contest. you were war
I ranted, either morally or legally, tt
disregard the will of the people. ! did
not say that this body. was to arbi
trariiy decide this case without right
in the past. precedents may bt
found in which law aud justice wert
trampled under foot for the purpose %
forcing on the state United Statei
senator who had no lawfai title to thai
office. l am not asking you to repea
that act 1t comes with lad grace from
members OF this BODY who voted fol
that precedent to ask the other mem
bers of this body to produce stronger
Testimony than that they acted upon
Their lips should be sealed. They
should be dumb as the dead. What jus
man will deny the souEdness OF tina
thesis?
II wish to say further that this bods
has no right to consider other than Mr.
Peabody or Mr.. Adams In this contest
The report of one member OF the com
mittee that neither of these contes
tants was elected governor and thai
the honorable gentleman who is presid
ing officer of this body should b,
seated, will not do. The only way fol
the lieutenant governor to be mad
governor would be for Mr.. Adams IL
resign his seat and for Mr.. Peabody {,
withdraw his contest
Such has been the operation of th'
machine that controls this city tha
had 1t not been for the Injunction o
the Supreme Court of this state com
pelling the throwing out of certain pre-
cincts. there would not have been {
Republican member In the House from
Denver county. There has been an ef
fort Of the Supreme Court to purify the
elections Of this state. And yet These
lawyers and publicists who have beer
in close touch with the contestee. anc
who have vilIified the Supreme Cour
for trying TO purify the ballot, are here
to ask this Republican body to allow
that machine to remain In control ol
the Election Commission Of this city
don't believe your consciences will
allow them to remain SO that they
may steal the next election. See to |,
that the receiver Of stolen goods Is MOI