Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-23

Three Missing Senators FOund-Ihe
Legal Tournament I'm the supreme
COurt-The Trial Begun ON the
Facts-JOhnsOn,s Triumph Prob
able.
Special 20 the Union and American.
MEMPHIS, Feb. 22.-The Appears
Little Rock special tonight says the Su-
preme Court was occupied to-day in hear
ing the testimony in the johnson case,
which is now being tried upon the fact
whether he qualified in the time (hfteen
days. prescribed by the Constitution.
Capt. ]. L. Hodges testified substan-
Nally as follows: That he was President
of the Board of Canvassers, and as such
signed the certificate of election of James
n. johnson as Lieutenant Governor, and
that the same was forwarded to him,
and that he qualified within the time pre-
scribed by law.
Hon. Joseph Brooks, member of the
Board of Cauvassers, corroborsted the
above.
Col. CAN'T read certified copy of the
Journal of the Senate, showing that the
oath of Office had been ministered, and
that he had entered upon hiss official du-
ties as presiding officer of the Senate.
Gov. johnson has made a formal de-
mand upon Clayton for the books, papers
and facilities appertaining to the executive
Office. The order will be presented to-
morrow.
The Senste mot this morning. The
johnson minority and three of the Clay
ton faction were present, not enough for
q quorum. This being a National holi-
day there was no session of the House,
the members observing Wsshinton's BIRTH
day.
q To the Associated Press.
MEMPHIS, Feb. 22.-An Avalanche
Little Rock special to night says on the
meeting of the Senate this morning the
Sergeant-at-Arms reported that he had
brought in three of the skulking men,
bers, viz: Askew, Cason and Thomas
The roll was called and ten found present,
lacking four Of 9 quorum. After instruct
ing the Sergeant and his assistants to bring
in the other sbsentees, the Senate adj
journed out of respect to the day. The
House adjourned over for the same
reason.
Immediately after the Supreme Court
convened, the counsel for Lieut.. Gov.
johnson suggested TO the court that this
day was usually kept sacred by all Depart
nents of the Government; that the Ju-
dietary especially, generally regarded it
as q holiday, and he hoped the court
would adjourn over until tomorrow.
Without needing the suggestion, the
Chief Justice directed the clerk to read
the record, which being done, Lieut.. Gov.
johnson presented in person a protest
against Chief Justice Mcclure setting in
in the case, because of his Impeachment
by the House Of Representatives. The
Chief Justice without regarding the pro-
test announced that the trial would be
proceeded with.
The defendants counsel then submit
ted a motion to dismiss the case on the
21OuDu lHdl. luB GOull udNluS OCClOCO l44dN
no Jury can be had because the Legisla-
tur9 had never enacted any statute pro-
viding for trials by jury in that court,
the court was not competent to try the
case because there was nothing but facts
and not law involved. The court took
recess of ten minutes, and on returning,
the Chief Justice announced that the mo-
ton to dismiss was overruled, Justices
Harrison and Gregg dissenting, saying
they did not believe the court had juris
diction in the case or any right to issue
a QUO warrantO against either the Lieut..
Governor or Governor. If the court had
no right to order jury, it had no right
to try the case. Juries always deter
mine facts. Judges determine the law.
The attorneys for the State then sub
mitted a new replication to the answer
of defendants, excepting only to one plea,
viz: that the Lieutenant Governor did not
enter on the discharge of his duties within
fifteen days after being officially notified
of his election. The attorneys announced
this as the only point at issue. Witnesses
were then called and sworn.
The Clayton men are becoming de-
spondent According to the evidence
thts far adduced it will be impossible for
even this court of Clsyton's to GUST the
Lieutenant Governor.