The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-03-11
= ENVER. March 10.-Neither Cover
nor Ava Adams nor former Gov

nor Alva Adams nor former Gov
ernor James H. body
wants the gOvernOrshiP contest set
tied by any process or pro-
cedure except d square vote in the
joint assembly on the question OF which
Office. The resolution submitted yes
terday to the joint assembly by Sen
ator Morton Alexander. a member Of
the contest committee. declaring the
election Of governor held last NOVem-
Der void. because Of fraud resembling
the assembly's action in declaring Alva
Adams elected and declaring a vacancy
Is derided by the supporters of the two
contestants for the governOrship-
Device of the Plotters.
The submission Or the questions in
vOlVed in this resolution To- the su-
preme court for an opinion as TO its
legality seems 10 be merely a device of
the Peabody Republicans to bring about
a situation where a straight vote on
the resolution to GUST Governor Adams
and declare Peabody elected will be
forced. 1t is not expected that the SUI
preme court will decide that the IegiS-
lature can declare the executive chair
vacant and Peabody's supporters
planned this move to nullify the move
menU of the anti-Peab body Republicans
in favor of seating the lieutenant gov
ernOr in the chair of chief executive
This done. they believe Peabody can
secure d SfdjOTity over Adams in the
decision of the contest.
In pursuance of the decision OF the
joint assembly to aSl< the opinion Of the
supreme court on the Alexander report,
the senate today agreed 10 the fol-
lowing questions, which were submit
ted to the court
.'InterrOgatOry One-Can the two
houses of the general assembly in Joint
convention assembled in the contest pro-
ceedings legally adopt the said AIexan-
der report upon the facts set forth and
recited therein2
'InteTrOgatOry TWO-Can the Joint
convention SO assembled legally declare
a vacancy to exist in the office OF gov
ernOr of the state of Colorado upon the
facts recited and set forth in the Alex
ander repOTt2
'Interrogatory Three.-Can the joint
convention in the pending contest pro-
ceedings, in the event of the adoption
of the Alexander report, legally decide
/ who is entitled TO the Office OF COVER
nor OF Colorado or does the constitution
Of Colorado provide i'm such an event
who is entitled to such Office and IL 50
what person is entitled under the said
constitution
Accompanying tho question is a Ions
preamble which sets forth that there
is n deadlock in the joint assembly and
i that many members have declared they
are unable TO vote for any of the re-
ports until the questions asked are le.
galIy settled.
As drafted, the preamble referred ia
the Peabody report signed by fourteen
Of the twenty-seven members Of the
contest committee as the ma jority re
port" Senator Alexander had also sub
mitted the independent report on which
the opinion Of the court was desired
and this action it was claimed had
| the effect of Withdrawing his name
! from the Peabody report. Efforts were
made to force Alexander to explain his
position. but they we're unsuccessful
The preamble was finally amended tC
show that Senator Alexander has
signed two reports
Immediately after the questions had
/ been agreed upon by the senate The
/ two houses went into joint convention
and adjourned until Monday morning
/ TO await the opinion OF the supreme
/ court.