Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-12-05
aovERNoR SMITH. OF ALABAMA

GOVERNOR SMITH, OF ALABAMA.
Governor Smith, the defeated candi-
date for Governor of Alabama, has taken
steps to continue himself in office. He
believes that his right to the Office of
Governor has not been destroyed or inn
paired by the late election in that State,
and that he Hon. II. B. Lindsey has no
right to the office. A bill has been filed
in the Chancery Court of Montgomery
county by Governor Smith, the object of
which is to prevent the Hon. R. B. Lind
sey, Governor elect, from taking his seat.
Smith charges that the returns of the
election to the presiding officer of the
Senate, however valid on their face, will,
he believes, be rendered wholly invalid
by the evidence Of frauds which he has
in his possession. This is common
plea put forth by defeated candidates, and
is worthy of little credence, unless the
facts are clear in support Of the charge,
Such evidence is entirely wanting in his
case, so far as heard from None were
kept from the polls, either black or white
voters, nor we're any amount of frauds
perpetrated, unless by the Radical party
that supported Smith. He being Gov
ernor of the State at the time had the
entire civil machinery and military
power of the State to back him, and was
himself responsible for the execution of
the law, and if these were not sufficient
he had only to call upon the Administra-
ton for assistance, who has ever shown
a willingness to come to the rescue OF
loyal candidates in the unfortunate
Southern States. Not choosing to do
this, Governor Smith has obtained the |
following injunction, restraining Mr.
Barr (Radical), presiding officer of the
Senate, from counting the vote of Gov
ernor and Treasurer:
Whereas, William II. Smith has this
day filed his bill of complaint against
you as defendant praying among other
things, for an injunction commanding
and enjoining you, the said r. n Barr,
from proceeding, as the presiding officer
of the General Assembly of Alabama, to
the opening and publishing of the re-
turns of the election for Cover
nor, held on the 9Th day of November,
1870, in the State of Alabama, and to re-
frain therefrom until the further order of
this Court; and whereas, the said com
plainant, upon proper application made
to the Hon b. f. Saffold, Judge of the
Supreme Court of the State, did, on the
18th of November, 1870, obtain an order
from the said B. +. Saffold, Judge as
aforesaid commanding the issuing of
an injunction in accordance with the
prayer of said bill upon the complainant
complainant having filed his bond, as
required by said order, and the same
having been approved by me, now these
are to command you, the presiding OIL
Ger as aforesaid, the Hon. r. N Barr, as
presiding officer Of the Senate and Of the
General Assembly Of the State of Ala
bama, to desist and refrain from opening
and publishing the returns of the election
for Governor held on the Sth Of Novem-
Der, 1870, in the State Of Alabama, until
the further order of this court, and this
you shall in 40 wise omit, and this in
junction in no wise disregard, under the
penalty of the law.
Witness j. W. HUGHES, Register.
These are novel proceedings and of
doubtful validity, but did not act in re-
straining a majority of the joint conyen-
ton of both Houses from proceeding to
count the votes for Governor, as well as
other State officers elected The law re-
quires the vote to be counted in the
presence of majority Of the General
Assembly, as was done, and not in the
presence of majority of each House,
as the Radical members of that body
would have The remedy for Governor
Smith would have been to contest the
election after the result had been made
known by the Speaker of the Senate,
and not 10 restrain him in the dis
charge of sworn duty under the
Constitution. Some of the influential
Republicans of the State do not indorse
the course of Gov. Smith, as is evil
denced by the resolution adopted at an
Indignation meeting lately held at Mont
gomery. They see in it nothing more
than civil revolution, that must fall with
terrible effect upon the Republican party
Radicalism dies hard in the South, and
clings to life even after the breath is out
of the body of the defunct organization,
but it must yield up the ghost if the peo-
pie have the right TO govern.