Jasper County Democrat, Volume 7, Number 39, Rensselaer, Jasper County, 31 December 1904 — ADAMS IN THE FIGHT [ARTICLE]

ADAMS IN THE FIGHT

Democratic Leader in Colorado Wants All the Denver Ballots Counted. v BAYS HE IS BURELY ELECTED Hold* That Fraud Deprives Him of 0,000 Votes- Court Decides sc % Important Case. Denver, Dec. 29.—Attorneys Charles 8. Thomas and Samuel W. Belford has filled a petition In the supreme court on behalf of Alva Adams, the Democratic governor-elect, that either the court or a commission appointed by the court shall open all of the 204 ballot boxes used in Denver at tbe late election and make a thorough examination of their contents. Supreme Court “Cud a* a Cloak.” Adams’ petition charges that certain “evilly-disposed persons” are using the supreme court as a cloak under which they may nullify the will of the people as constitutionally expressed at tbe polls. The petition insists that, however, extensive the frauds perpetrated the legal voters have a constitutional right to have their ballots counted, and to that end every ballot box In the city of Denver should be opened and Its contents scrutinized.

Adams Recite, the Situation. The petition further says that prior to the recent election the supreme court appointed watchers named by the Republican organization, and that the men thus designated were present at the various polling places and supervised the casting of the ballots. Following the election of Adams, tbe petition avers, the Republican press charged the Democrats with wholesale frauds, and the matter was brought before the supreme court. That tribunal ordered some of the ballot boxes opened and experts alleged that they found hundreds of spurious ballots. Report. Declared Kxnggerated. These disclosures were followed by even more extravagant claims of fraud, and the exaggerated reports were published all oveT the country, according to the petition, causing much Injury to the state and city, and as a result, the petition says, there exists in the state “a condition of disquiettude and unrest threatening the future peace and tranquility of the people and interrupting its prosperity and bringing Injury to the best Interests ot the state of Colorado.” Want, an Untatned Soot. “I have no question about my election by substantially tbe majority reported on the face of the returns,” said Adams. ‘1 believe if the frauds in outside counties could be unearthed, my honest majority would amount to 20.000. But I do not desire a tainted seat. It is of far greater importance that extensive election frauds should be unearthed and punished than that I or any other individual should be sworn in as governor. I don’t know who committed the alleged frauds in Denver.

COURT DECLINES JURISDICTION Refuse* to Issue a Mandamus Against the State Canvassers. Ilenver, Dec. 29. —I>r. Michael Beshoar. candidate of the Democrats for state senator in Los Animas county, applied to the state supreme court for a mandamus compelling the state canvassing board to issue a certificate of election to him. which would be mandatory if the returns were canvassed as sent in. the board having thrown out certain precincts on charges of fraud. The supreme court heard arguon the application, and lias decided not to grant the application. The granting of the application would have made a tie in the state senate. The decision applies likewise t« a contest from Boulder county, where Senator Charles B. Ward, Democrat, was re-elected on the face of the returns, and the Republican attorney asked the hoard to issue the certificate to the Republican candidate.

The supreme court decided that it had no jurisdiction over the board. The decision of the court of appeals two years ago in a similar election case to the effect that the board had discretionary power, was cited, and the court declared that the decision was a just one, as two election judges might conspire together to certify to false returns, and if the returns were permitted to stand despite any protests that might be made to the board the ends of Justice would be thwarted. Immediately after the decision was given the board proceeded with the canvass behind closed doors. The precaution of locking the doors was taken in order to prevent the service of a writ of injunction Issued by District Judge Carpenter, restraining the board from Issuing certificates of election to thf Republican contestants, C&simero Barela and H. B. Millard. The deputy sheriff bearing_the injunction read it through the keyhole, The board nevertheless granted a certificate to Barela and Millard. When the doors were opened the writs were served on the members. District Judge Samuel L. Carpenter and Attorneys Everett Bell and John A. Rush were later served with notices to appear before the supreme court the former to show cause why the mandamus he Issued against the state canvassing board should not be dissolved, and the latter two to answer for contempt of court In not obeying the order of the court