Salt Lake Tribune | 1905-01-31 | Page 8 | Denver Fraud Cases in Supreme Court

Denver fraud Cases in Supreme Court Two Convicted Election Judges Petition Peti-tion for Writ of Habeas Corpus. I WASHINGTON. Jan. 20. The so-called Denver election fraud enses found their way Into tho Supreme court of the United States today In tho shape of a petition for a writ of habeas corpus, which was presented by United States Senator Patterson. Pat-terson. The cases covered by tho petition are those of Peter Miller and Thomns Shcpardson. Theso cases arose out of tho proceedings proceed-ings of the Supremo court of Colorado, under which tho two men. who were Judges of election, were sent to Jail on tho charge of contempt of court. Tbo grounds for tho writ were that tho Colorado Colo-rado Supremo court, without authority of law, undertook the regulation of the late election by Injunction; that the Imprisonment Imprison-ment of the petitioners for alleged violation viola-tion of tho Injunction was wholly without with-out authority of law, and that the petitioners peti-tioners were deprived of their liberty without duo process. Attorney A B- Browne of this city, acting act-ing for the State of Colorado, filed a brief In opposition to tho petition, taking the position that the Supreme court of Colorado Colo-rado acted In tho matter of tho Denver election within its proper provinces that no Federal question is Involved, and that the Supreme court of tho United States Is without Jurisdiction In the premises. The contention also was made that the State court did not invade the functions of the lcglslatlvo department of the State.