The Montgomery advertiser., 1905-01-04
WILL GUST DEMOCRATS Colorado Legislature Pre-
 pareS For Action. REPUBLICANS IN CONTROL Probable Several Senators ! Will Be Unseated. Counsel for Alva Adams Asks Supreme Court to Amend Investigation
 Order That Scope of Inc
 auiry be Lessened.
REPUBLICANS IN CONTROL

0SHNSks Soiu., Jau. o.-At noon po- morrow the legislature which will settle the gubernatorial contest be- tween Governor Peabody and Ava Adams will be called to order.
 It is expected that all of tomorrow will be required for the work of or- gsnization and that no action will be taken that has direct bearing on the governorship. If anything is done toward organization 1t will be the set- clement of contests of which there are number both in the Senate and in the House.
 It Is practically certain that the first things that will be done by the Sem ate after 1t is in working order will be the unseating of Robert H. Born of Almosa. and Daniel Healy of Lead vile. Their seats will be given to the Republicans. James B. Dick and Jesso Mcdonald. The latter Is lieutenant Eovernor-ele and will retain his seat as Senator only until such time as he is sworn into office. There is a strong probability that the Democratic Sen ators Griffith, Hughes, Bailey and Hull will also be asked to walk the plank, but action in their cases may be de- ferred.
 There are four contests in the House. all of which will undoubtedly be decided In favor of the Republi- cans. as that parry has strong ma- jority in both branches of the legisIa- ture.
 The makeup of the legislature will be at the opening tomorrow and with out reference to any contests: Sem ate-Republicans 19: Democrats 19. House-Republicans ~: DesSo oerats IS
 On joint ballot: Republicans 66: Democrats 33.
 Decision Delayed.
 No intimation was given by the Su- preme Court this afternoon as to tho time when it would hand down it's de- cision on the application of Ava Adams to have the ybaliot boxes used at the last e1eJuon- fn tEis city ex2 amined, but by the attorneys on both sides it Is believed that an announce ment will be made by the court in the morning.
 The attorneys for MT. Adams this morning made strong effort to have the inquiry confined to the ballot box es only and urged that 1t be not ex- tended to the registration slips and the poll booths. An inquiry of this magnitude, they contended, would con- sume the greater part of a year and WOulO enLdiI expense WHlcn could not at this time be even estimated. They declared 1t unfair. in their opinion, that when their client had made ap- plication to the court for an order, 1t should be extended by the court be- yond what he had asked. They were willing, they said, to have the inquiry assume any scope fl the Republicans paid for 1t as their own. but they did not believe that MT. Adams should be asked to pay the expenses of an investigation so much more extensive than that he had asked.
 Attorney Henry J. Hersey for the Republicans insisted that the full score of the alleged frauds could not be shown by an examination of the ballot boxes only and declared that if Mir. Adams WIS unable to endure half the expense of the inquiry, the Re- publican Arty would stand for all the cost
 Adams Unable to Pay.
 Attorney c. Is. Thomas. foI MT. Adama, repeated his former state to pay such an elaborate investigation and asserted that If the Investigation was ordered by the court to include all the election machinery, his client wou;i be compelled to withdraw his application for an investigation, ''be the consequences what they may"
 The Supreme Court today took un- der consideration the application of Ava Adams for modification of the order of the Supreme Court ordering and investigation into the recent cleo ton and Chief Justice Gabbert de- clared the decision would be given later" He did not specify any time or date for the announcement of the decision.
 Ex-Governor c. s. Thomas for MT Adams urged that the oroer of the court be made applicable to the ballot boxes only and do not include poll books nor registration lists as asked by the Republicans. He asked that the investigation be conducted under the supervision of referee u be ap- pointed by the Supreme Court Mir. Adams selecting one member Of the committee and the attorney general of the State another. The expenses of a general investigation. lie said would be too great for Mir. Adams.
 Republicans VIII Foot Bill.
 H. J. Hersey, the attorney for the Republicans r.sisted the application for a modification, declaring that an of the boxes only would not reveal the extent of the frauds. 1 He said that if the expense of the !n- vestigation would be too great for Mir Adams. he would say for his clients | that they would gladly bear all the 1 expenses. To this MT Thomas replied | that he was willing they should pay | all expenses but he wished them to do so on their own account
 The Republican leaders and attor- l neys were in session late tonight dis | cussing plans of procedure. It was | not definitely decided what method | would be adopted. It may be decided 1 to allow the investigatAn of the leg | islature to follow after that ordered | by the Supreme Court, or the legisla- ! ture may inaugurate an investigation 1 of its own and then declare that the | frauds discovered in certain districts | in the city of Denver have been of | such a character as to vitiate the cleo ton. in those districts; or 1t may be decided to seat Governor Peabody by the passage of a resolution.
 The Democratic plans arc dependent upon the line of action tnkSH by the a hrt Mr -,Ea