Gilpin observer., 1905-01-19
CONTEST BEGINS
FOR coLoRADo's eovERNoRsAlp
Joint Committee Of Twenty-seven Ap-
pointed to Take Testimony-Eisht-
cen Republicans and Nine
Democrats.

pointed to Take Testimony-Eight-
cen Republicans and Nine
Democrats.
Denver, Jan. 18.-The House and
Senate met in joint session at o'clock
yesterday morning to hear the report
of the committee appointed to frame
rules for the contest Of Mr.. Peabody
for the Office of governor, now held by
Alva Adams.
Two reports were submitted. The
majority report was signed by Wilbur
F. Cannon, r. G. Breckenridge and
Senator Parks. The minority report
was signed by Senator Ballinger and
Representative Davis. The majority
report provided that the hearing should
De before joint committee of twenty
seven, while the minority report would
have it before the whole Legislature in
joint session.
Senator Parks moved the adoption
Of the majority report.
Senator Ballinger moved as an
amendment that the minority report be
adopted.
Senator Taylor said he believed that
some of the rules of the majority re-
port were very fair. Others were man
ifestly unfair in his view. The minor
ity had had only an imperfect copy Of
the majority report.
The main objection to the method of
procedure was that the contest should
be conducted in the open joint assem-
bly,. The senator believed that the idea
of the makers of the constitution was
to have all contests before the whole
Assembly.
Others cited precedents for delegat-
ing the work to a committee and de-
clared that otherwise almost the whole
time of the session might be taken up
to the detriment of other business.
The majority vote was adopted by
a vote of 60 to 80.
The rules adopted are insubstance
as follows:
Peabody, the contestor, shall be
given fifteen days in which to present
his case by oral testimony or deposit
tion. Adams, the contestee, shall
have fifteen days to present his case
in the same manner.
If the contestor chooses to close
before February End, then the con-
tesee must be prepared to proceed
with the defense and he shall have
only the time to present his case that
was taken by the contestor.
Z Five days on rebuttal testimony to
mony of whatever nature must be in
within thirty-five days. Hearings
shall proceed continuously Sundays
and holidays included.
The hearings shall be had before a
committee of twenty-seven from the
joint assembly. This committee can
divide itself into subcommittee and
the main committee and the sub-com-
mittees shall have full power to issue
subpenas for witnesses, for the pro-
duction of books, papers, ETC., ballot
boxes; and they shall have authority
to examine the contents of the boxes,
employ expert witnesses and scruti-
niZe the ballots.
No cross-examination shall be ex-
tended to a longer period than that
taken in the direct examination. No
objections to the relevancy or mate
riality of the evidence introduced be-
fore the committee of subcommittee
shall be permitted. These matters to
be dealth with later in the joint as
sembly.
Provision is made for the taking
OF dispositions in any of the counties
named in the notice of contest or
answer under the limitations that are
to guide the committee or commit
tees sitting in Denver.
Printed copies of the proceedings
shall be on the desks of members
every morning.
The full committee shall report to
the joint convention as soon as pos
sible after the testimony has closed
its findings of fact and recommenda-
tions.
The joint convention shalls then
give reasonable time for argument to
the attorneys and also to members
of the Legislature. The convention
shall be in recess until March End,
when 1t will reconvene to hear the
report of the full committee.
All proceedings shall be open to
the public.
The membership of the joint contest
committee is as follows, including
eighteen Republicans and nine Demo
Gratis:
Representatives.
w. H. Griffith (Rep), Teller, chair
man.
John B. Stephen (Rep.), El Paso.
]. Frank Church (RepD, Jefferson.
John A. Mcintyre (Rep.), Denver.
Theodore H. Thomas tRep.). Denver.
John l.. Fetzer (Rep), Denver.