Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-03-09
Plan TO Have Gubcrnatorial Elec
ton Declared Null and Void
Goes Awry.
1t. Gov. M DONALD AGAINST IT.
Has Publicly Announced That He Has
Been Advised TO Seat Him Would
Be Wrongful and Illegal

Denver, March 9-The Republican
majority IN the general assembly seems
to be hopelessly split over the PROPOSE
ton to make James II. Peabody's con-
test for the office Of governor Il party
measure and to seat the former gov
ernor In place OF GOV. Alya Adams.
The legislature consists at present Of
OF members, GO Republicans and 81
Democrats, the Republicans having a
majority Of S5 on joint ballot. Twenty
two Republicans, 1t is commonly re-
ported, have decided in conference that
Peabody has failed TO prove his cleo
ton but many Of them would not agree
to vote 10 sustain the Democratic gov
ernor. These Republicans, 1t Is siad,
have united in support of the report
OF Senator Morton Alexander o MEM
Der of the Joint contest committee,
which declares that the election for
governor was null and void, there be-
ing fraud on both sides, that there IL
vacancy I'm the Office and that therefore
the acknowledgement by virtue of
the constitution should succeed TO the
goyernorship.
The Peabodyites declare that this
method of settling the contest is uncon-
sttutional and impractiCable. Lieut..
Gov Jesse A. McDpnad has publicly
announced to the members of the gen.
eral assembly that he has been legally
advised that It would be a wrongful
and Illegal act to seat him as governor
as compromise or makeshift In de.
Gliding the contest
Before the joint convention met this
morning the Peabody leaders an
nouhced their purpose to force the is
sue TO a final vote today. Should the
Alexander report be voted on first ANA
defeated the anti Peabody Republicans
viii endeavor to defeat the other three
representatives. from the contest CONF
mite. II this plan should succeed a
deadlock would be created and Alya
Adams would remain as governor.
When the joint convention Of the gem
eral assembly met today Representa-
tive u, j, O'Connell a Democratic
member Of the committee, appointed TO
investigate bribery charges, arose and
protested against the dllatory and Sc
cret manner IN which the committee Is
proceeding with the investigation He
said that the committee, which was APP
pointed on Monday, had held only one
session, as yet although already more
than double the time originally granted
by the assembly for investigation of
Senator Morgan's charges had elapsed
He moved that the committee be in
structed to continue the Investigation
at once and to hold open sessions.
Senator Arthur Cornforth. chairman
OF the committee explained that no
session was held last night because the
Republican members desired TO attend
the Republican caucus. He defended
the policy of secret sessions on the
ground that the members Of the gem
eral assembly would more readily give
testimony regarding attempts to hribe
them In secret sessions than at public
hearings. He said he would not serve
as chairman of the committee unless
the hearings could be held privately.
Lieut.. Gov. Mcdonald, chairman OF
the Joint convention, ruled motions not
relating TO the reports on the guber-
Material contest out OF order and the
subject Of the bribery investigation
was dropped.
The Joint convention then took a
recess for Is minutes the Democratic
and antl-Peabody Republicans voting
for the motion.
The purpose OF the recess Is to give
the antl-Peabody Republicans an op-
portunity to confer on a proposition TO
Introduce IN the joint convention n mor
tlon to refer the questln OF the legality
OF seating Lieut. Gov Mcdonald "a
governor to the supreme court for an
opinion,