Gilpin observer., 1906-07-05
SUPREME COURT
COLORADO TRIBUNAL RENDERS
IMPORTANT DECISIONS.
DENVER ELECTION CASES
Judge Johnson's Franchise Election
Investigation Stopped-AIso Judge
Mullins Special Grand Jury Pro-
ceedjnus


Denver.-The State Supreme Court
Monday handed aown the following de-
cisions in regard to questions arising
from the recent election in Denver and
previous gambling cases:
District Court Judge Johnson's in
junctiye writ assuming control of the
May election, temporarily suspended
with all proceedings under it, including
the removal of the ballot boxes and the
appointment of watchers. Writ of pro
hibition granted.
District Court Judge Mullins under
taking to set aside district attorney,
sheriff and coroner, and to have a spe-
cially selected grand jury probe the
May election temporarily suspended
Though granting of writ of supersedeas.
Real issue of whether or not he has au-
thority to set aside these officers to
be heard on it's merits at the Septem-
Der term. Imposition of fines on
Messrs. Williams and Davoren sus-
pended until same time for reason.
namely, that the petitioners in the pre-
liminary hearings showed sufficient
cause to merit stay of proceedings
until cases could be heard.
District Attorney Stidger's appeal
from the punishment inflicted by
Judge Johnson for contempt of court
in the officers act in trying violations
of the saloon law in the criminal divis-
ion of the court instead of before
Judge Johnson's civil division. dis
missed on the ground that appeal
should have come through writ of error
instead of writ of habeas corpus. Time
given to make correction.
% Appeal of H. l.. Doherty from Judge
Johnson's investigation where he was
sentenced to Jail for refusal to testify.
dismissed on the same ground as the
Stfdger appeal; but as Johnson's
whole course was illegal, therefore he
could not punish. Ten days given to
appeal.
The only written opinion handed
down by the court was on the writ of
prohibition applied for on the relation
Of the temporary election commission
Judge Johnson. The majority opinion
Justices Campbell, Goddard, Bailey
and Maxwell concurring. Justices
Steele and Gunter dissented.
The causes in which decisions were
rendered by the Supreme Court yester-
day afternoon, affecting the spring
election, are, briefly stated, as follows:
Prior to election, May 18th last,
Judge Johnson issued blanket injunc
tion against all election officials, en-
joining them from the commission OF
election offenses. He also appointed
court watchers, and his injunction
sought to protect them from interfer-
ence by judges, watchers, challengers
and police.
Four days after election Judge John
son issued a number of subpoenas. on
a showing that his injunction had been
violated. Books of the county treas
urer were brought into court to sustain
charges that more than 1000 fraudu-
lent tax receipts had been issued and
used. Employees of the Gas company
admitted under oath that they had is
sued the alleged fraudulent receipts.
The last act performed by Judge
johnson in this inquiry was to impose
sentence in the county jail upon
Henry l.. Doherty, president OF the
light trust, who refused to be sworn
as witness, upon the advice of his
counsel, Attorney Joel F. Vaile. The
Supreme Courts action stopped john
son from further probing.
Immediately a writ Of prohibition
was secured from the Supreme Court
to restrain Judge Johnson from pro-
ceeding further with his inquiry. At
the same time writ of habeas corpus
was secured for the relief of President
Doherty of the Gas and Electric Com
pany. Both writs were made return
able at later date.
Some months ago Judge Johnson i'm
posed a fine of $500 upon District At
torney Stidger for contempt, and Or
dered that he be committed TO the
county Jail until the fine was paid.
The sentence of the court was imposed
because Stidger refused to file num-
Der of gambling cases before Judge
johnson, taking them instead before
Judge Palmer, where nominal fines
were fixed for the offenders.
There were two cases involving the
Jurisdiction of Judge Mullins in pro-
ceedings had before him in connection
with the calling of special grand
jury to investigate election frauds, and
particularly the frauds alleged 10 have
been committed in the interests OF the
utility corporations to carry the fran
chises: also his removal of District At
torney Stidger. Sheriff Nisbet and Cor
oner Rollins from connection with the
grand jury.
The petition for the special grand
Jury and for the removal OF Stidger.
Nisbet and Rollins was made to Judge
Mullins by Attorneys Hoyt and Costi-
gan, representing the League for Hon
est Elections, several days after the
Supreme Court had put stop to the
Inquiry begun by Judge Johnson.
Judge Mullins granted an open hear
ing to the petitioners and to Stidgor.
Nsbet and Rollins before he decided
TO grant the petitions of the attorneys
fer the League for Honest Elections.
After four-day session Judge Mullins
issued an order calling the grand jury
and ousting Stidger, Nisbet and Rol'
Inns.
On the last day of the hearing Will
lam T. Davoren, chairman OF the DEM
ocrntic committee and Fred A. Will