The Grit-advocate., 1905-01-20
CONTEST BEGINS
FOR coLoRADo's eovERNoRsAlP
Joint Committee Of Twenty-seven Ap-
pointed to Take Testimony-eisht-
cen Republicans and Nine
Democrats.

Senate met in joint session at OclOck
yesterday morning to hear the report
of the committee appointed to frame
rules for the contest of Mr. Peabody
for the Office of governor, now held by
Alva Adams.
Two reports were submitted. The
majority report was signed by Wilbur
F. Cannon, r. G. Breckenridge and
Senator Parks. The minority report
was signed by Senator Ballinger and
Representative Davis. The majority
report provided that the hearing should
be before joint committee Of twenty
seven, while the minority report would
have 1t before the whole Legislature In
joint session.
Senator Parks moved the adoption
Of the majority report.
Senator Ballinger moved as an
amendment that the minority report be
adopted.
Senator Taylor said he believed that
some of the rules of the majority re-
port were very fair. Others were man
ifestly unfair in his view. The minor
ity had had only an imperfect copy of
the majority report.
The main objection to the method of
procedure was that the contest should
be conducted in the open joint assem-
bly,. The senator believed that the idea
of the makers of the cons.''utj,n was
to have all contests before t-e whole
Assembly.
Others cited precedents for delegat-
Ing the work to committee and de-
clared that otherwise almost the whole
time of the session might be taken up
to the detriment of other business.
The majority vote was adopted by
a vote of 60 to 33.
The rules adopted are insubstance
as follows:
Peabody, the contestor. shall be
given fifteen days in which to present
his case by oral testimony or deposit
tion. Adams, the contestee. shall
have fifteen days to present his case
In the same manner.
If the contestor chooses to close
J before February End, then the con
tesee must be prepared to proceed
with the defense and he shall have
only the lime to present his case that
| was taken by the contestor.
Five days on rebuttal testimony to
the confession are allowed. All testi-
mony of whatever nature must be in
within thirty-five days. Hearings
SIldH pTOCeeu OUll1uOuSly ouuudy D
and holidays included.
The hearings shall be had before a
committee of twenty-seven from the
Joint assembly. This committee can
divide itself into sub-committees and
the main committee and the sub-com-
mittees shall have full power to issue
subpenas for witnesses, for the pro-
duction Of books. papers, etc. ballot
,loII k~
to examine the contents of the boxes,
employ expert witnesses and scruti-
nize the ballots.
No cross-examination shall be ex-
tended to longer period than that
taken in the direct examination. No
objections to the relevancy or mate
riality of the evidence introduced be-
fore the committee OF subcommittee
shall be permitted. These matters to
be dealth with later in the joint as
sembly.
Provision is made for the taking
Of depositions in any of the counties
named in the notice of contest or
answer under the limitations that are
to guide the committee or commit
tees sitting in Denver
Printed copies of the proceedings
|
every morning.
The full committee shall report to
the Joint convention as soon as pos
| sible after the testimony has closed
it's findings of fact and recommends
tions.
The joint convention shall then
give reasonable time for argument to
the attorneys and also to members
! ~ hn I cl In
shall be in recess until March End,
when it will reconvene to hear the
report of the full committee.
All proceedings shall be open to
the public
The membership of the Joint contest
committee is as follows, including
eighteen Republicans and nine Demo
Gratis:
Representatives.
w. H. Griffith (RepJ, Teller, chair.
! man.
John B. Stephen (Rep). Ell Paso.
J. Frank Church (Rep), Jefferson.
John A. Mcintyre (RepD, Denver.
Theodore II. Thomas lRepD, Denver
John l.. Fetzer (ReD), Denver.
Alfred Stewart (RcpJ, Chaffee.
NJ. +. Vance CRepJ, Morgan.
John B. Thompson (RepD, Larimer
c. e. DUNCAN tRepD, Montrose.
A II. Healy tRepD, Mineral.
o. e. Adamson tRep). Denver.
George H. Hutt Dem.D. Dolores.
A. D. Mackenzie (Dem), Custer.
T. r. Drach CDem). Garfield.
| a. H. Davis (DemD, Fremont.
II NJ. Heistand (Dem.l, Delta.
John A. Lehritter tDemD, Gunnison
Senators.
Edward De La Vergne (Rep), F.
| Paso.
Morton Alexander tRep), Jefferson
Cashmere Barcla tRepD, Las Ami
/ mas