Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-03-10
MANEUvERING IN
PEAB0DY-ADAMS CONTEST.

Denver, March lO,-Neither Gov. Al
va Adams nor Former GOV, James II.
Peabody wants the governorship con-
test settled by any process or procedure
except a square vote IN the joint as
sembly ON the question which Of them
IL entitled to hold the office. The re-
solution submitted yesterday to the
joint assembly by Senator Morton Alex
ander,' a member of the contest COM
mlttee, declaring the election of gov
ernor held last November void because
Of fraud resembling the assembly's ac-
ton in declaring Alva Adams elected
and declaring a vacancy is derded by
the supporters Of the two contestants
for the governorship.
The submission OF the questions in
yolyed IN this resolution to ask the SUI
preme court for an opinion as to its
legality seems TO be merely device
Of the Peabody Republicans to bring
about situation where straight vote
on the resolution to GUST Gov. Adams
and declare Peabody elected will be
forced. II Is not expected that the
supreme court win decide that the legls-
lature can declare the executive chair
vacant and Peabody's supporters
planned this move to nullify the move
ment Of the antl-Peabody Republic.
ans I'm favor OF seating the lieutenant
governor In the chair of chief executive.
This done, they believe Peabody can
secure "A majority over Adams in the
decision Of the contest.
In pursuance Of the decision of the
joint assembly Ia ask the opinion OF the
supreme court on the Alexander report,
the senate today agreed to the follow
Ing questions, which were submitted
10 the court.
lnterrogatory One--Can the two
houses Of the general assembly In Joint
assembly In the contest proceedings
legally adopt the said Alexander report
upon the facts set forth and recited
therein?
Interrogatory Two--Can the Joint
convention so assembled legally de-
clare a vacancy to exist In the office
OF governor OF the state OF Colorado
upon the facts recited and set forth In
the Alexander report?
Interrogatory Three-Can the Joint
convention In the pending contest pro-
Ceedngs, I'm the event of the adoption
OF the Alexander report, legally decide
who il entitled 10 the office OF governor
OF Colorado or does the constitution OF
Colorado provide In such an event who
Is entitled 10 such office and II so what
person is so entitled under the said
constitution
Accompanying the questions Is
long preamble which sets forth that
there is deadlock In the Joint assem-
bly, and that many members have
declared they are unable to vote for
any OF the reports until the questions
asked are legally settled
As drafted the preamble referred TO
the Peabody report signed by IA OF the
~ members Of the contest committee
as the majority report" Objection
was made by Democratic senators to
the words majority report" as one Of
the sgners OF this report, Senator
Alexander had also submitted the in
dependent report on which the opinion
Of the court was desired and this ar-
ton, II was claimed, had the effect
OF Withdrawing his name from the Pea
body report. Efforts were made to
force Alexander TO explain his posi-.
ton, but they were unsuccessful. The
preamble was finally amended to show
that Senator Alexander had 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
10 await the opinion OF the supreme
court