The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-18
ADAMS GRANTED
TIME TO REPLY
But the Taking of Testimony
Will Begin at Once.
PEABODY's CONTEST CASE
DISPOSITION TO RUSH MATTERS
SHOWN.

Z
SHOWN.
n ENVER, Jan. 17.-At a joint session
II Of the two houses of the general
assembly this afternoon to take
action on the contest filed by James II .
Peabody for the Office of governor, the
| request of the attorneys for Governor
Adams for an extension until 2:3O
O'Clock Saturday afternoon of the time
IN which 10 submit an answer to the
charges made in the contest papers,
was granted by a vote of 81 TO "a.
By the same vote the legislature de-
cided to proceed at once with the taxi
ing of testimony in the contest Upon
motion of Senator Parks, a committee
OF five was appointed by Lieutenant
I Governor Mcdonald, who presided over
/ the joint session, to draft a set of rules
and regulations which shall govern the
order Of the contest. The committee is
composed of three Republicans and
two Democrats.
Adjourned For One Hour.
An adjournment was taken by the
joint session for one hour to await the
committees report, but upon reCOnven-
ing ii was announced that a minority
report would be submitted. and ad-
Journment was thereupon taken until
$50 tonight, to give the Democratic
llGulDeIS OF the committee additional
time TO prepare their report. When the
joint session convened it was
announced that the confession, Mr.. Pea
body, would be represented by John
NJ WaldrOn, James H Brown James
H Hersey and Thomas Ward, jr Gov
ernor Adams, in person, named Judge
j. B. Bissell, Melton Smith Henry G
Vidal, Samuel W. Bedford and Judge
James A. Orr as his representatives.
Following the announcement of Gov
ernor Adams. Judge Bisseu arose to
address the joint session. He charac-
terized the session as a quasi court
politically divided and one before
which he had no quarrel He dis
Chained any intention on the part OF
his client TO have the contest delayed
and emphatically declared the con-
testee was ready and willing within a
reasonable time to proceed. He de-
clared that neither himself nor the at
torneys with him had had sufficient
time to consider the legal order of the
contest proceedings in the two DAYS
and a half permitted for consideration.
and cOntended that defendants in
case of this kind could not be dragged
into any common court in less than
ten days. In conclusion, he moved an
adjournment until Saturday afternoon
at which time, he said, counsel would
like to speak on their construction of
the statute under which the assembly
is proceeding.
Attorney Waldron, appearing for
Governor Peabody said ne wished To-
be understood as not opposing any rea-
SCnable request of Governor Adams. He
argued, however, that the circumstances
required no written pleadings, and
while he was unwilling to charge the
COnteStee with any deliberate intention
to delay the proceedings. he was clear
ly of the opinion that any extension of
time granted would result in DELAY and
prove fatal TO the cause for which the
joint session had been called. Attorney
Waldron maintained that all that was
ne ceSsary was for the governor to arise
and say he denied the truth of every
charge made in the contest papers. He
concluded by affirming that any extern
sion Of time would rebound to the dis
advantage Of his client, and asked the
legislative body to deny an extension.
Disapproved by Adams.
At the conclusion of Attorney Wal
dron's remarks, Senator Hill Dem)
moved that the request Of counsel for
Governor Adams be granted. Repre-
sentative Griffith interposed With an
objection, but, on the advice of Sen
dtor Owen, offered an amendment 10 !
HIS motion that the request be
granted and that the Joint session at /
once proceed with the contest itself.
At this point Governor Adams ex-
pressed his disapprOval of the PROPOSE /
ton to proceed with the contest pend |
ing his answer
Senator Hills motion was amended /
as proposed by Representative Crit /
fifth and was adopted, and a committee /
TO draft resolutions to govern the con-
test was then appointed.
Majority and minority reports were !
submitted today by the committee an
pointed 70 prescribe rules governing the |
suoerna toria! contest The majority
-. 4.
GuOlicans, White and DeIoEg. voting
3Sainst the representative. They ex- /
planned their votes by saying that the !
rules aid not provide for the taking of !
testimony according 10 the state con- /
and the statutes
The majority report Ss ADOPTED pro
'ldes tnat the contest shall be pre-
scnted before a committee which shall /
have pow ? 70 subsidivide for the pur-
pose Of taking testimony Pea BODY is
gwen htteen days in which to intro
luce his evidence. Adams fifteen DAYS
. reply and Peabody five days 10 offer
-cbual esimOny.
The rules require that the final report
,s the committee shall be made bv the
Examining committee not later than /
March and that the report shall con
Gin. recommendation TO the joint as
ienbiy as to its action on the contesr.
me committee Is also required to fur /
lish printed reports Of the testimony |
o the members of the legislature each
lay. The hearing of testimony under |
he rules shall be open to the public. !
The main feature Of the minority re-
port was that the contest should be
heard in open joint assembly. The
aJority members of the committee
COX no part in the discussion which |
preceded the adoption of tonight's re-
'ort, but permitted the minority to
ave the entire time allotted to the de-
ate. The minority members made a
trong plea for political division of
ne committee in favor of sixteen Re
lublicans and fourteen Democrats,