The Montgomery advertiser., 1905-03-17

the general assembly in joint conven. tion authorized a committee of twenty. seven members. (eighteen Republicans and nine Democrats). to hear the evil dence in the contest and to report con- clusions. Fourteen days each were al- lowed the contestor and contestee for the introduction of evidence. Five days additional were given the contes- tor to introduce evidence in rebuttal. more in considering tine evidence and preparing the reports.
 The reports were submitted to the joint convention on March 3. Fourteen Republican members of the committee signed a report submitted by Peabody s counsel which found a majority of g. s70 for Peabody in the State by reject ing the entire vote of 104 election pre- cincts in Denver and twenty-eight pre- cincts in other counties on the ground of fraud and conspiracy on the part of the Democrats. The nine Demo- cratic committeeman presented . re- port declaring that Peabody had failed to prove his election and recommend ing dismissal of his contest: William H. Griffith, chairman of the contest committee. and three other Republican members reported that there was much fraud shown in forty-eight precincts of Denver. but that the allegations of the fraud in the fifty-six precincts which Peabody had asked to have thrown out had been disproved. The report recommended that contest be dismissed.
 Senator Morton Alexander. one or the signers of the majority report. presented also another report which recommend that the election of Gov ernor be declared null and void. and that the lieutenant governor be seated as governor Alexander subsequently amended this report by striking out the reference to the lieutenant gover- nor. The report then provided simply for declaring the office of governor va cant Being asked for an opinion on this method of settling the contest. the supreme court pronounced the method illegal.
 Arguments by attorneys for the con- testants before the joint convention were concluded last Saturday. Action on the contest has since been deferred from day to day, while efforts were be- ing made to unite the Republicans for Peabody.
 The joint convention consisted of ninety-seven members and the Repub- lican majority on joint ballot was 
 Twenty-two Republicans. however, were opposed to seating Peabody. They finally forced the former gover- nor to agree to resign the office to Lieutenant Governor McDonald within twenty four hours after being seated
 Smooth Scheme Appears.
 Standing on the porticoo of Cover nor Peabody's residence tonight while band played and a chorus of voices shouted congratulations to the Cover nor D. B. Fairley. Chairman of the Republican State Committee. engageo in conversation with a representative of the Associated Press.
 ''Will Peabody resign ho was asked.
 'I think not" was the reply.
 Has he signed a resignation?'
 "A tentative one: yes"
 What will be done with ity''
 'Nothing..' answered the Chairman. <
 was this a part of the plan to seat him?" the reporter asked
 T believe so." responded Mir. Fair ley.
 The appearance at tho door of Gov ernor Peabody interrupted the talk and later the Governor himself came out on the portico and addressed the crowd. He thanked his friends for their loyal ty but made no reference to his inten- ton regarding the Governorship.