Gilpin observer., 1905-06-29
DEMOCRATS 0USTED
FROM DENVER COUNTY OFFICES.
Supreme Court Decides That Change
Of Date Of County Elections from
Fall to Spring Was Illegal.

Denver, June 24.-Holding that all
county officers are also state officers.
and therefore should be elected in the
fall, and also that the charter conven.
ton was without power to create two
county judges in this county, the Su.
preme Court has rendered q majority
opinion which will completely sweep
all the present Democratic officials
out of office in the city and county Of
Denver.
The opinion was rendered yesterday
afternoon at 2 o'clock, Justice Steele
and Justice Gunter dissenting. The
decision was not expected until July
3D., at which time the court will prob.
ably adjourn for the summer vacation.
1t was given yesterday in order to al.
low time for the considering Of the
various anticipated petitions from the
deposed officers. SO that the whole
matter might be disposed Of by the
time the summer vacation began.
Justice Steele made q brief state
ment, In which he announced that he
and Justice Gunter did not approve Of
the majority opinion, and said they
would file a dissenting opinion later.
The Democratic ofiicials who are
deposed by the decision are: H. v.
johnson. county Judge; Schuyler H.
Alexander. assessor: Robert ]. Byrne.
clerk and recorder; Emma M. Herey.
superintendent of schools; Charles 8.
Elder. treasurer; Hamilton Armstrong.
sheriff; ]. N. Stoddard, Roady Kene.
han and Daniel L. Webb as members
OF the Board Of County Commission.
ers; William A. Rice and Benjamin F.
Stapleton. justices Of the peace. and
-
c0nstables.
The new county officers are:
County clerk and recorder. A. G.
coroner. r. P. Rollins; treasurer. C.
W. Badgley: assessor, c. G. Gird !:
county superintendent Of schools
Lillian A. Field; Justices OF the peace
B. F. Harrington. ]. M. Lindsey; con
stables. w. ]. Horner and EdwaN
Phillips: county commissioners. vii
Liam Lawson, Eugene Mccarthy ans
Thomas Uzzell.
The decision of the court is rem
dered In the case Of N. c. Miller, at
torney general OF the state, in que
warranto proceedings against Henry
". johnson, claiming to be county
Judge.
The opinion of the Supreme Court
as delivered by Mr.. Justice Maxwell, is
very lengthy, but its substance Is prin.
cipally expressed in the foll~ying par.
agraph:
ITO concede that Article Xxx. author.
ICES a charter convention to legfslate
upon any subject whatever. in contra
vention Of any OF the provisions Of the
constitution. relative to governmental
or state matters, or to county or state
of1ces and officers, is to concede that
such convention might displace the
constitution in every respect. and the
charter. being the organic law Of the
city and county. would thereby become
supreme within the territory included
In the boundaries OF the city and
county; hence, we would have a por.
ton Of tho state freed from the con
stitution: over which the state had nc
right to legislate; which could have
no interest whatever in any legislation
which might be enacted by the state
relating to s,ate and government af.
fairs. In short, an imperium In i'm.
perio, a condition which cannot be
brought about or exist. even by consti.
tutional amendment. as emphatically
decided by the majority opinion in the
Sours case"
The deposed county oficials are
those elected at the May election un.
der the provisions Of the new charter
those installed are the ones receiving
a majority of votes at the November
election, which the charter assumed to
do away with.