Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1870-12-09
The Snarl in Alabama.

The Telegraph has informed us that Ala
. ba MA wa- onioyiu. double supply Of gov
erno-: but low vt why 1t came about has
not been very plain. Later dispatches clear
NY tie cl-e. Gov Smith, republican Of that
STATE. vas candidate for reelection. his
Connection being Mr.. K. b Lindsay, demo
crat. When it came 20 counting the votes,
Gov. smith procured an injunction from the
Sarremc Court Of tue State. prohibiting the
presiding officer of the Senate, the Hon.
Robert y Barr. from opening, publishing,
and declaring the vote for Governor and for
Treasurer until provision is made by law for
conte-tius the election lei0re both Houses Ut
the General Assembly, as provided by the
Constitution. or until further orders Of the
Court. The ground for this action. as set
forth in the prayer for the injunction were
that On the day of election fraud and VIZ
Hence were employed in many parts Of tie
saate. and several thousand cJiored voters
were thereby prevented from voting that in
counties where large Republican majorities
We're given. the Democratic officials refused
to certify the returns, and by this means the
Republicans appeared, according to returns,
to be defeated with other and similar sriey-
anccs. In such a state of Things Governor
Smith considered it his duty to secure legal
inquiry int, the validity OF the election.
Tie Senate, which IL almost unanimously
Republican. obeyed the injunction, and, after
the Speake- of the House had declined to an
noupce the vote for Tic two Offices named,
that body adjourned The vote for Lieut.
Gov. Moran. Democrat. Wa opened and pub
lished, there being no one who could sue out
an injunction against him, and he was de-
clared duly elected to that Office. Moran
took the oath of Office, though not il the
presence of the Senate, as that body had re
tired from the Joint Convention. He claim
ed. however, to be the presiding officer OF the
senate and proceeded. in the presence of the
Representatives, to open the vote for Gov
ernor and declared Lindsay daily elected by
] .423 majority. The new Governor took the
cath. and would have taken possession Of the
Executive Office, had not the United Ststes
troops prevented. These have since been
withdrawn, and Governor Smith and the
! epublican Treasurer hold Office now By the
a ID Of Sheriffs posse Of negroes.
Gov. Smith has sent to the Legislature
IN Is sage. in which be says he can prove that
Ii n, lsay was not lawfully elected over him.
His message closes as follows:
Tbs matter is not purely political, but is ex-
ANNA bic in the courts Of the country; and the 1
courts on proper showing may exercise jurisdic- |
ton owe it. No authority is conferred upon the |
Senste o House by the Constitution in respect |
to said re turns except merely to be present when
they are O pened and published by the presiding /
officer. 7 he official oath of the Governor has TO
he adminis cred in the presence of both Houses OF
the Geners Assembly. A majority of each /
House is nee essary to quorum. Upon the law |
thus stat, d. it is clear that no right of mine is
DESTROYED or impaired by shy act done on Sstur-
iay last in the hall Of the House after the pre-
siding ofic err Of the Senate, L. n. Barr, and the
Senate reti ed to its own chamber and adjourned |
over until lou1ay. Especially is this so because
each act don id the hall the House was done |
by those VIII, hsd notice of my injunction, and |
mad no right to violate it. Each of said acts be- |
ing unlawful. Mr.. Lindsay can derive no RICH; /
from any of them. The Lieut-GoV.. in my |
opinion, transc ended bis powers, which, in re-
,pect to the ma tier now under consideration, are
very small. Il ppesl to the law, and stand for /
t and for fair al lawful elections, and fair and
awful counts at section.