I know that there are no limits to which
the powers of privilege will not go to keep the workers in slavery.
-Mother Jones
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Thursday December 29, 1904
Denver, Colorado - Governor-Elect Alva Adams Will Resist Attempts to Reseat Peabody
Governor-elect Alva Adams
Attempts by Colorado Republicans, ably assisted by the Republican-dominated Supreme Court, to reseat the defeated Czar Peabody continue apace. However, Alva Adams has shown his intention to resist the overthrowing of the will of the people of Colorado. The Supreme Court has ruled that the votes of entire precincts within the city of Denver can be thrown out. Not surprisingly, these precincts heavily favor the Democratic Party. Naturally, the Governor-elect wants the ballot boxes opened and the individual votes examined. According to one newspaper account:
Attorneys Charles S. Thomas and Samuel W. Belford filed a petition in the supreme court today [December 28th] on behalf of Alva Adams, the democratic governor-elect, asking that either the court or a commission to be appointed by the court shall open up the 204 ballot boxes used in Denver at the late election and make a thorough examination of their contents. The court decided to hear arguments on the petition later in the day.
[Said Governor Adams:]
I have no question about my election by substantially the majority reported on the face of the returns...I believe if the frauds in outside counties could be unearthed my honest majority would amount to 20,000. But I want no tainted seat. It is of far greater importance that extensive election frauds should be unearthed and punished than that I or any other particular individual should be sworn in as governor. I don't know who committed the alleged frauds in Denver. I know nearly thirty men are in jail ostensibly for contempt of court, but really charged with election crimes. If they are of the character reported I feel assured that there are men at liberty far more deserving of jail than those who are incarcerated. I feel that some of those in jail have been unjustly dealt with. But be that as it may, I want this investigation made; I want it to extend from the head to the foot and I want the truth known.
From The Jeffersonian Gazette of Lawrence Kansas, December 28, 1904:
ADAMS WILL RESIST
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Evident Purpose of Colorado Friends
of Gov. Peabody to Seat Him.
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SOME REPUBLICANS OPPOSE ACTION
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Probable That the Radicals
Will Have Majority in Legislature
and Many Precincts Will Be Thrown Out.
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Governor Peabody
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Denver, Col., Dec. 26.-If the fifteenth general assembly of Colorado, which is to meet on Wednesday, January 4, shall effectuate the plans formulated by the managers of the republican post-election campaign, Gov. James H. Peabody may serve as chief executive of this state for two years more, despite the fact that Alva Adams still has nearly 10,000 plurality since the votes of five Denver precincts were thrown out by order of the supreme court in consequence of frauds exposed in contempt proceedings against election officials.
There will be a republican majority of 30 or more in the general assembly which will canvass the vote for state officers. It is proposed to have the general assembly appoint a special contest committee of 9 to 12 members, to which will be submitted the evidence of wholesale election frauds in Denver and possibly some other counties which the republican committees have been collecting ever since the election.
The republican managers maintain that with the fraudulent vote of Denver eliminated Gov. Peabody will have at least 7,000 plurality in this county and of 2,000 in the state. These politicians do not intend that the legal votes shall be sifted from the illegal and then counted or that the legislature shall reject the entire vote of Denver county, because to do this would not accomplish their purpose to reseat Gov. Peabody, but they propose that about 100 democratic precincts shall be thrown out on the ground of alleged frauds and that the vote of the republican precincts shall be counted. They assert that the supreme court has established a precedent for a procedure.
This radical programme is opposed by some conservative republican leaders, including Judge N. Walter Dixon, of Pueblo, and Dr. John Grass, of Trinidad, and until the legislature meets and takes action it cannot be known certainly whether Peabody or Adams will be governor for the next two years. The democratic leaders are preparing to contest vigorously the attempt to reseat Peabody. By-partisan mass meetings are to be held in Denver, Pueblo and other cities to protest against the line of action mapped out for the legislature by the republican leaders. The Liberty league, a political organization of union working men, is also preparing to take an active part in the efforts that will be made to defeat the attempt to continue Gov. Peabody in office.
The democratic managers declare there is a monstrous conspiracy behind the disclosures of fraud shown in contempt proceedings before the supreme court. They say that the bunches of spurious ballots, all in one handwriting, found in the boxes from different precincts, could not have been placed in the boxes on election day without having been observed by the watchers and charge that the boxes have been tampered with since election, legal votes being abstracted and spurious ballots substituted therefor. No proof in support of these assertions has been presented, but it is pointed out that the boxes were left unwatched for two days after being delivered to the election commission and that for another day they were in charge of only two republican watchers.
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[photograph added]
From the Kansas Leavenworth Times of December 29, 1904:
DEMOCRATS ASK COURT TO
OPEN BALLOT BOXES
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SUPREME COURT WILL ANNOUNCE DECISION TODAY.
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ADAMS FOR INVESTIGATION.
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The Democratic Governor-Elect
Says He Doesn't Want a Tainted Seat-
Believes After an Inquiry He Will Have a Majority of 20,000-
Adams' Petition Asks Court to Open Denver Ballot Boxes.
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Denver, Colo., Dec. 28-Attorneys Charles S. Thomas and Samuel W. Belford filed a petition in the supreme court today on behalf of Alva Adams, the democratic governor-elect, asking that either the court or a commission to be appointed by the court shall open up the 204 ballot boxes used in Denver at the late election and make a thorough examination of their contents. The court decided to hear arguments on the petition later in the day.
[Said Governor Adams:]
I have no question about my election by substantially the majority reported on the face of the returns...I believe if the frauds in outside counties could be unearthed my honest majority would amount to 20,000. But I want no tainted seat. It is of far greater importance that extensive election frauds should be unearthed and punished than that I or any other particular individual should be sworn in as governor. I don't know who committed the alleged frauds in Denver. I know nearly thirty men are in jail ostensibly for contempt of court, but really charged with election crimes. If they are of the character reported I feel assured that there are men at liberty far more deserving of jail than those who are incarcerated. I feel that some of those in jail have been unjustly dealt with. But be that as it may, I want this investigation made; I want it to extend from the head to the foot and I want the truth known.
The supreme court yesterday heard argument in the application of Dr. Michael Beshoar, Las Animas senatorial candidate, for leave to file an application for a writ of mandamus compelling the state canvassing board to count the returns as sent in, which show that Beshoar was elected. The republicans have asked the state canvassing board to go behind the returns and give the certificate to Barela, on the ground of the alleged frauds in Trinidad in the interest of Beshoar. The decision of this case will apply also to the Boulder county senatorial contest, which is of a similar nature. If certificates are issued to the democratic candidates shown to be elected on the face of the returns, there will be a tie in the senate, which will consist of seventeen republicans and seventeen democrats, one seat being vacant owing to the failure of Governor Peabody to call a special election for the choosing of a successor to the late Senator Buckley. Although the time for canvassing the returns will expire today, the court did not announce its decision of the mandamus proceedings.
Dr. Michael Beshoar in center.
His son, Dr. Ben B. Beshoar, far left in shadow.
Late this afternoon the supreme court announced its decision not to grant the application of Michael S. Hoar [Beshoar] democrat for the state senate from Las Animas count for leave to file an application for a writ of mandamus to compel the state board of canvassers to canvass the returns showing his election and issue a certificate to him. This decision applies like wise to the contest from Boulder county, where Senator Chas. B. Ware, (democrat) was elected on the face of the returns and the republican attorneys asked the board to issue the certificate to the republican candidate. The court decided that it had no jurisdiction over the board. The decision of the court appealed two years ago in a similar case to the effect that the board had discretionary powers to rectify the 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 Samuel L. Carpenter, restraining the board from issuing certificates of election to the republican contestants, Casimero Barela and H. B. Millard.
The deputy sheriff bearing the injunction read it through the keyhole. 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 tomorrow morning at 10 o'clock, the former to show cause why the mandamus he issued against the state canvassing boards should not be dissolved and the latter two to answer for contempt of court in not obeying the order of the court issued at the beginning of election suits directing all courts and members of the bar to cease involving the election cases by proceedings in lower courts.
The supreme court after hearing arguments on the Adams petition announced that it would render decision tomorrow at 2 p. m.
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[photograph added]
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SOURCES
The Jeffersonian Gazette
(Lawrence, Kansas)
-Dec 28, 1904
http://www.newspapers.com/...
The Leavenworth Times
(Leavenworth, Kansas)
-Dec 29, 1904
http://www.newspapers.com/...
See also:
For more on Dr. Michael Beshoar-
"Hellraisers Journal: "Colorado Resting On Political Volcano,
Outbreak Is Momentarily Expected." by JayRaye
(scroll down)
http://www.dailykos.com/...
Dr Michael Beshoar (1833-1907)
http://www.findagrave.com/...
IMAGES
Alva Adams
http://www.nga.org/...
James H Peabody,
http://en.wikipedia.org/...
Drs Beshoar of Trinidad, Colorado
http://www.kmitch.com/...
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The Battle Cry of Union
We are fighting for our rights, boys,
We are fighting for our homes,
Shouting the battle cry of union;
Men have died to win the struggle;
They've died to set us free,
Shouting the battle cry of union.
The Union forever, hurrah boys, hurrah!
Down with the gunthugs, and up with the law;
For we're coming, Colorado, we're coming all the way,
Shouting the Battle Cry of Union.
-Frank Hayes
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