The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1905-01-06
Will OPPOSE PLAN
TO SEAT PEABODY
wolec,, Republicans Oppose Count.
ing Out Of Adams.
SAY THE PLAN IS WRONG
Friend. OF Former sesstos woicou
Claim They WIN Not Follow
An, Course That They Con-
slider Morally wrong.

Denver. Col, De. 3o.-Nery few
members VI the legislature have yet
arrived in tho city. and whether tho
pens Of William O. Evans and other
republican leaders W re-seat Coz.
James Peabody will be adopted Dy q
majority VI The republican member 10
tuu undecided. The republicans have
A. oven t%NO-thiris VI the yotca "a
Joint ballot. and can carry any neat
urc on which they are united \ re-
publican caucus will be acld next Mon.
day. a. which the contest for ths
.pcakcrship Of the house aud the plan
u continue Gov Peabody Will be cons
adered. There are at least half a doE-
"a candidates for the speaA.rship.
Some republican members known -
followers VI former Cnitcd Staies
Senator Edward u Woicott. have de-
cllca that while they do not oontem-
plate a union with the democrats M
der any consideration. VIII oppose Vie
cusiy any plan for counting u Adams
1he Wolcott republicans say they viii
20 INTO a party caucus and will agree
10 abide By the decision OF the caucus
~ To q point whore u conflicts With
their conscience They infist that they
have always strictly observed party
Z gularity. bat when a coirsc Is oum.
inended that b. morally wrong. thsy
Wil not follow DO. aud 'ley viii no,
consider thcif decision 10 thai regard
a. irregular
sss rian :" seat rrab"i, q. req
The plan 90 ga, Gov. Peabody. s0le
Of them declared. Is wrong aud no
caucus action will bTinT them to up
port such action.
IN. canvass u the votes ior sian
officers Is made By me legislature. and
l. not subject 20 review IN "a. courts
For the hrs, time In ne history u
a state a Judge n a district court Ma
compelled. On Thursday. 10 appear IA
person before the siptcme court u the
state ami explain 10 that tribunal why
he had issued a writ II mandamus
vhen ~ was apparent that he Wa 10
error IN 80 doing. Judge samuel Il
Carpenter. of the district court. wa
the inan served with tho citation.
A solemn protest against the acton
Of the hlsh court vas entered BY Judge
Carpenter and he said hat under tue
circumstances he believed iha, be lad
authority 20 issue the writ asainr, The
state c~onyasslng board. TO force fha,
iody Ia canvass the returns made tot
Charles ~ Ward and Dr. Michaf. ne-
thoar. candidates for the fsnafe %
tho democratic tickc, from Boulder
and las Aulmas counties. respectively.
BEING nos advised that the supreme
court has decided that .strlct courts
have no power tu Issue such Nrits. he
jrdge said 1t becomes obligatory
upon this respondent. without any or.
der NJ this csuri. of hts M motion.
TO di miss such proceedings
Jtds- Carpenter Discharged.
Judge Carpenter was ih.rcnpun lis.
tharfsd hy the supreme court. he
Nnis Issued hy him were dismissed,
and he aas directed not to take aay
further action directly or indirectly
In the matter.
The decision In the contempt pro-
c'cdlnrs against senator John A. Rush
end Attorney Everett He'll. Who were
cited for contempt In procuring The
~ri,s, was deferred until next Tues
day.
Charles 7. Hughes. Ir.. appeared fof
Rush and Charles 4 Thomas Cor Beii
aud answers we're filed on behalf d
both the accused atiorn.ys. From thess
" II appears that Bell was mo-
~ attorney of record In the case h<-
fore the district court. and merely 4
te~lophoncd information OF the supreus
courts decision I O Rush. Both aiior K
rtys pleaded ignorance NJ the full
scope NJ the decision. Rush also stst g
ell that he had supposed that The 50
Ircmc court had not gone into le &;
merits Of the matter, because Il wuuN
Pear arguments only On the qnesiloa I
OF Jurisdiction. lie had acted as 10 q
had In order 10 protect the interests d H
Attorney Bell had t%elep'ioncd To hin "
that tho decision Of the court Of ~ ~
peals two years 4 wonld be tho ~ Il
o. he state until reversed. ard san =,
that the only way To have II Reversed "a
was To begin action In the dlst.d n
court. Rush alleged that he did as n!
hLow that any rule or order had bca \
made %forbidding the distrlc; courts y
take any further action Prompt n ~.
ton was necessary he said. because u
was Informed that the state c1nvas-
ihs board was preparing 10 hold
ueeling Immediately aft,r the lecisis
Of the supreme court. and adjourn y
fcfo any other court could act