The Holly chieftain., 1905-06-30
DEMOCRATS 0UsIEl
FROM DENVER COUNTY OFFICES.
supreme Cpurt Decides That Change
er Date of County Elections from
Fall to Sprinu Was llieuaI.


Denver, June 24.-Holding that all
county officers are also state oflcers
sho therefore should be elected In the
ian, and also that the charter convsn.
aoh was without power to create two
county Judges in this county, the SD
pfeme Court has rendered q majority
opinion which will completely sweep
all the present Democratic ofdcials
out OF office in the city and county a
Denver.
Ihe opinion was rendered yesterday
afternoon at 2 O'Clock. Justice Steele
and Justice Gunter dissenting. Ths
decision was not expected until July
Sd, at which time the court win 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 omcers. so that the whole
matter might be disposed Of by the
time the summer vacation began.
Justice Steele made . brief state
ment. In which he announced that he
and Justice Gunter did not approve Of
the majority opinion. and said they
would file q dissenting opinion later.
The Democratic officials who are
deposed by the decision are: H. v.
Johnson, county Judge; Schuyler H.
Alexander. assessor; Robert J. Byrna
clerk and recorder: Emma N. Herey.
superintendent OF schools: Charlss g.
Elder. treasurer; Hamilton Armstrong.
sheriff; ]. N. Stoddard. Roady Kene.
han and Daniel L. Webb as member
OF the Board OF County Commission.
ers; William A. Rice and BENJAMIN F.
Stapleton. justices of the peace. and
Joseph Berger and Michael Qeary.
c0nstables.
The new county officers are:
County clerk and recorder, A. G.
Vickery; sheriff. Alexander Nisbet;
coroner. R. P. Rollins; treasurer, C,
w. Badgley: assessor. G. G. Grid;
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. VIII
liam Lawson, Eugene Mccarthy ant
Thomas Uzzell.
The decision of the court is ren
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
rs delivered by Mr.. Justice Maxwell, is
very lengthy, but its substance Is prin.
cipally expressed in the foll>ying par.
agraph:
"To corcede that Article Xxx. author.
ICES charter convention to legislate
upon any subject whatever, In contra
Nention of any of the provisions of the
constitution, relative to governmental
or state matters. or to county or state
Offices 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 por
tion of the 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 STATE and government af
fairs. In short, an imperium in i'm
perio, 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 officials are
those elected at the May election un
der the provisions Of the new charter
those installed are the ones receiving
q majority of votes at the November
election, which the charter assumed tc
do away with.