Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-04-15
IMPORTANT LEGAL QUESTIONS.
The '.Ku KIux Oath and the Amend
ed OBSERVATION-DISCLOSURES Proceed
ings i'm the Supreme Court.

u -
ed ConstItution-Impo Proceed
ings in the Supreme Court.
From the Knoxville Press and Herald. April 1s.
Yesterday was the return day of the
alternative mandamus, granted by the
Supreme Court against A. W Howard,
Criminal Judge of the first circuit, upon
the petition of H. H. Ingersoll, Esq.
Howard did not make his personal ap-
pearance, but sent in his answer and en-
tered his appearance through Maj. Brit
ton, az his attorney.
His counsel stated that Howard was
willing now to vacate or set aside the
rule he had entered, requiring attorneys
to take the Ku-Klux oath in his court, il
proceedings were stopped against him.
The court and counsel for petition as
sented to this, upon Maj. Britton pledg
ing himself, as counsel for Howard, that
the enforcement of the rule would not be
further attempted and, therefore, the
cause was continued until the next term
of the court. Meanwhile Howard 10
taken on probation. ..-.---
We are under pledge to publish How
ard answer, provided two responsible
gentlemen would guarantee that IL is
Towards own production We have res
eeiyed no such guarantee, but we have q
copy Of the answer, and we are thor
oughly satisfied Of its genuineness with
out any proof additional to its internal
evidences. It's voluminous document,
and we regret that we cannot make
room for it this morning Ii shall appear
in due time, and will make valuable
addition to the judicial lore Of the
| State.
On Saturday, the case Of A. A Hyde
vs. A. ]. Trewhitt came on for hearing,
each gentleman arguing his own cause.
| The facts of the case are these:
Mr.. Hyde was appointed and COM
missioned Attorney General Of the fourth
| circuit By Gov. johnson on the oath Of
June, 1864, was indicted into Office and
il vet in the active exercise Of its duties
In April, 1868, Gov. Bsownlow, By
proclamation, ordered an election id the
fourth circuit for Attorney General. to
| be held on the Both day of May, 1868,
without reference to the incumbent,
| either in his proclamation or in his writs
| Of election.
At the election, A J. Trewhitt was the
only candidate, Mr.. Hyde insisting that
there was no vacancy TO authorize q
special election.
/ Mr.. Trewhitt received some four hum
bred votes altogether in the seven coun-
ties, and received commission bearing
date June II, 1868.
At the June term of the Law Court at
Chattanooga, 1868, Trewhitt presented
his commission and applied to be quail
fed and indicted into Office. This APP
plieation was resisted by Mr.. Hyde, and
an issue was made up Of record
The cause was tried, Judge Adams
presiding, the court holding that Trew-
| HIT was the legal and proper Attorney
General, from which holding Hyde APP
pealed to the Supreme Court
The question arises upon section J Of
the ,schedule adopted in 1865, which at.
ter ratifying and Affirming the appoint.
ments made by Gov johnson, declares
that the officers 50 appointed shall con-
tinue to hold and exercise the functions
af their respective offices until their sue
cessors shall be elected and qualified, az
prescribed by the laws and constitution
OF the State. rf
The constitution provides that the lie
gislature shall fix tbs time for holdinI
general elections, and for special cleo
tions to Gil vacancies that may happel
BY death, resignation OF removal"
The election under which Mr. Trewhii
claims was not held on the day fixed 70
the general election Of Judicial officers
and the question before the court is, wa
there vacancy when the election wa
ordered
Mr.. Hyde was not dead, had Dot re
signed, nor had he been removed, and
is insisted that special election cal
only be held ''as prescribed by the CON
| stitntion and laws Of the State, whsr
such vacancy occurs as is defined b.
7 article VII, sec. 4 of the constitution.
, This cause is held over under advise
, meut by the court