“The defence relies not upon conflicting evidence, but upon the contention that the conduct of the election was justified as an ‘industrial necessity.’ “We have heard much in this state in recent years as to the denial of inherent and constitutional rights of citizens being justified by ‘military necessity,’ but this we believe is the first time in our experience when the violation of the fundamental rights of freemen has been attempted to be justified by the plea of ‘industrial necessity.’ “Even if we were to concede that there may be some palliation in the plea of military necessity on the theory that such acts purport to be acts of the government itself, through its military arm and with the purpose of preserving the public peace and safety: yet that a private corporation, with its privately armed forces, may violate the most sacred right of the citizenship of the state and find lawful excuse in the plea of private ‘industrial necessity’ savours too much of anarchy to find approval by courts of justice. “This case clearly comes within another exception to the rule, in that it is plain that the findings were influenced by the bias and prejudice of the trial judge. “A careful reading of the record discloses the rejection by the court of so much palpably pertinent and competent testimony offered by the contestors, as to force the conclusion that the trial judge was influenced by bias and prejudice, to the extent at least, charged in the application for a change of venue, and sufficient in itself to justify a reversal of judgment.... “For the foregoing reasons the judgment of the court in each case before us, is reversed, and the entire poll in the said precincts of Niggerhead, Ravenwood, Walsen Mine, Oakview, Pryor, Rouse and Cameron is annulled, and held for naught, and the election in each of said precincts is hereby set aside. This leaves a substantial and unquestioned majority for each of the contestors in the county, and which entitles each contestor to be declared elected to the office for which he was a candidate. “We find further, that J. B. Farr, the defendant in error, was not and is not the duly elected sheriff of Huerfano county, and that E. L. Neelley, the plaintiff in error, was and is the duly elected sheriff of said county. It is therefore ordered that the said county, and that the said E. L. Neelley, immediately and upon qualification as required by law, enter and discharge the duties of the said office of sheriff of Huerfano county....”