The Lamar register. [volume] (Lamar, Colo.) 1889-1952, 1913-06-04
ss.te Capital Notes
Contrary to all expectations the

render a de,isiph in what is know II
a. the TAFT case from Pueblo. The
failure to pass judgment on this
famous case was u source oil dis
appointment to a large number OF
officials in Denver who think that
the Pueblo case may in some way
effect the Denver situation. 1t was
supposed last week that the opin
ion would be handed down.
The supreme court reversed the
district court of Gunnison coun-
ty in the Bull Moose election case
and held that where candidates for
County offices had not filed petit
ttons under the name of Roosevelt
or Bull Moose a straight ticket
voted under either of those names
Could not be counted for the pro-
gressive candidate. Elmer Wiley
was the democratic candidate for
county commissioner " Gunnison
county. Z. H. Mcdowell was the
republican and progressive candi-
date. Mcdowell did not file a pc
tftion under the name Roosevelt or
under the name Bull Moose. There
were a large number OF straight
names and the Judges counted them
Tor Mcdowell. Wiley contested OH
the ground that Mcdowell was
not on the Bull Moose or Roosevelt
lat II "a
ed the election judges in counting
the Roosevelt and Bull Moose votes
for Mcdowell. The district court
held that it was general knowi-
edge that the progressive. Roose-
ysit and Bull Moose tickets were
the same and the voter in writing
either o. the three supposed that
he was voting for the same set OF
Candidates. The supreme court re-
yersed the matter entirely. 1t hel0
That no election Judge is authoriz-
70 70 beyond the marks on the bal
lot. That to adopt such a course
would mean that any election judge
could count any ballot for any man
whom the judge supposed the voter
desired to support. The court Or
dered the case ramanded with in
ytructions to enter decree in har-
aony with the petition OF Wiley.
which means that Wiley. the demo-
cfai. gets the JOB.
Tie decision Of the court In
the Gunnison county commission
er case means that the republican
party is the second party in the
state of Colorado. Under the de-
cision the votes that were cast un-
der the name Roosevelt or Bull
Moose cannot be counted for the
Progressive party. In other words.
the prosressives split their vote in
to three separate parties and only
those ballots whereon the voter
wrote the word progressive can be
considered for that party. Ever since
last falls election Mr.. Costigan and
the other leaders Of the progress
i've party have claimed that theirs
vas the second party of the state.
They have added the vote of the
Roosevelt and Bull Moose parties
70 make it. on the ground that
they were identical. The court to-
day held that they were not idsn-
Teal and that under no circum-
stances can a ballot be counted in
any way save by the marks ON the |
ballot. The intent of the voter can
not be taken into consideration.
Instead of getting out of her
trouble Denver now has dual gov
ernment The old officials refuse
to give up their offices claiming |
that the amendments to- the char
ter we're not properly adopted. The
new officials were sworn in and
Immediately began to perform Of
fetal acts. Mayor Arnold occupies
one desk az mayor and J. M. Per-
kings occupies anther desk as may
or. All other offices are duplicat-
ed with officials. The treasurer re-
fuses to pay either side. The mat
ter must be settled in the courts.