You ought to be out raising hell. This is the fighting age. Put on your fighting clothes.
-Mother Jones
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Friday December 16, 1904
Denver, Colorado - Supreme Court Decision Discards Votes of Precinct, Sets Precedent
Justice Robert W. Steele, Defender of Liberty
On Wednesday, December 14th the Colorado Supreme court decided to throw out the votes in a Denver precinct, thereby establishing a precedent which could result in the discarding of the votes in many other precincts. The results of the November election would then be severely affected. Control of the Senate could be handed over to the Republicans, giving that party control of both branches of the Legislature.
The total votes which could be lost do not appear, at this time, to be enough to undo the election of Alva Adams, Democratic candidate for Governor who defeated the current Republican Governor, James Peabody, by a large majority last November. But Peabody remains determined to stay in power, and claims that he will yet be proven the winner of the race for Governor of Colorado.
Chief Justice William H. Gabbert announced the decision to throw out the votes of precinct 8, ward 7 of the city of Denver. Justice John Campbell concurred. Dissenting was Justice Robert W. Steele who stated:
In my opinion the finding of the Court is unwarranted, unprecedented and directly contrary to the law. This court has no power to take the action that it has. I have had no opportunity to prepare a written opinion in this matter, but I will do so later.
From the San Francisco Chronicle of December 15, 1904:
DISCARDS VOTE OF A PRECINCT
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REPUBLICANS LIKELY TO GET LEGISLATURE
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If Other Precinct Ballots Are Thrown Out on the Ground of Fraud
Peabody Will Make Gains, but Can't Beat Adams
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SPECIAL DISPATCH TO THE "CHRONICLE."
Alva Adams, Governor-Elect of Colorado
DENVER, (Col.), December 14-By deciding to-day to throw out the vote of precinct 7, ward 8 [precinct 8, ward 7] of this city in consequence of frauds committed there at the late election, the Supreme Court established a precedent that may be applied to many other precincts in which, it is alleged, the courts injunction order was violated, and thereby vitally affect the results of the election. Should similar action be taken in other cases to the extent demanded by the Republicans' lawyers, it will result in the election of the entire Republican legislative ticket in this county and give the Republicans control of both branches of the Legislature. On the face of the returns the Republicans have a majority in the House and the Democrats a majority in the Senate.
Another result of the exclusion of a few precincts would be to put the Republicans in possession of all the city and county offices except the Mayoralty should the Supreme Court decide that the spring election was not legal and that these offices were to be filled at the November election. The Democratic majorities ran from 700 to 2000.
Should the entire vote of eight city wards over which the Supreme Court assumed jurisdiction be disregarded, Alva Adams, Democratic candidate for Governor, would lose 18,845 votes and Governor James H. Peabody 8541, a net loss of 10,304 for Adams but this alone would not result in his defeat, as his majority in the State is something over 11,000.
In announcing the decision to exclude the returns of precinct 8, ward 7, Chief Justice Gabbart [Gabbert] said:
Frauds cannot be fully prevented unless the Court assuming jurisdiction to prevent them has the power to undo them in all cases where they are committed in violation of its orders. A court of equity has the inherent power to effectuate its orders, and the motion will, therefore, be sustained.
Dissenting from the opinion of Justices Gabbart and Campbell, Justice Steele said:
In my opinion the finding of the Court is unwarranted, unprecedented and directly contrary to the law. This court has no power to take the action that it has. I have had no opportunity to prepare a written opinion in this matter, but I will do so later.
Chief-Justice Gabbart announced the decision, in which Justice Campbell concurred.
In announcing the decision Chief-Justice Gabbart said that the evidence showed that false ballots had been substituted for the genuine ones in this precinct, and it was the right of the Court to prevent the consummation of the fraud.
The decision is said to establish a precedent, and the Republicans will ask for similar action in regard to all precincts in which the Supreme Court took original jurisdiction at the election and in which, it is alleged frauds were committed. There are about fifty such precincts. The court announced that motions to throw out the votes of other precincts in which frauds have already been proved will be considered to-morrow.
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SOURCES
Robert Wilbur Steele, Defender of Liberty
- by Walter Lawson Wilder
Carson-Harper co., 1913
(search: Chapter XI)
https://books.google.com/...
The Cripple Creek Strike
A History of Industrial Wars in Colorado, 1903-4-5
-by Emma F Langdon
"Being a Complete and Concise
History of the Efforts of
Organized Capital
to Crush Unionism"
The Great Western Publishing Co.
Denver,Colorado, 1905.
http://www.rebelgraphics.org/...
San Francisco Chronicle
(San Francisco, California)
-Dec 15, 1904
http://www.newspapers.com/...
IMAGES
Justice Steele
(Click cover & click down X7)
https://books.google.com/...
Alva Adams
http://en.wikipedia.org/..._(governor)
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Anvil Chorus performed live at the Met
LIBERTY FOREVER
(Air: "Anvil Chorus")
We broke the yoke of a pitiless class,
And we burst all asunder our bonds and chains;
Our organization will win when it strikes,
And no more shall a king or a crown remain--
United fast are we with bonds that naught can sever;
Long, loud and clear and far our battle cry rings ever--
Liberty for aye and aye!
Liberty for ever!
Liberty for ever!
Shall be our battle cry.
-Joe Hill