Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1872-12-21


TnR LOUISIANA MIDDLE, has not been
made very transparent by the reports that
have appeared, and the want Of better un.
derstanding Of the matter, has detractcd very
much from the interest that might otherwise
have gathered aboutii The Tribune, in its
effort to ihgow off lis pariisanship and take
iairer views Of political matters. sums up the
features Of the case briefly, and pretty clearly,
rs follows;
There has been no decision IN the
United States Supreme Court on the ab-
siract merits OF the case of Warmoth
against Kellogg. As the points involv-
ed IN this cause have been somewhat
confused, it is necessary that this, at
least, should be clearly understood. Let
us rcsta.e Tie case briefly: A question
having arisen as to the legality of GER
tain election proceedings in Louisiana,
recourse was had to the United States
Circuit Court, Judge Durell presiding.
The Court, considering the case, which
took the title of Kellogg against War
moth, decided that all proceedings under
what is known as the Warmoth Return
ing Board were null and void. The
Court thpn enjpned, Warmoth against
canvassing or considering any Of the
votes cast at the late election, or any re-
turns thereof, except IN the presence of
certain persons specified !; these persons
were known as the kellogg Returning
Board, who were thus recognized by the
Court, as the only trge aud legitimate
authority in the premises. The Circuit
Court also prohibited Gov. Warmoth
from interfering in any way with the
Kellogg Board, aud ordered him to de-
post all election returns and all do:u-
m'nts herewith CONNECTED, with the
Clerk of the Circuit Court of the United
States. So far, the action of Judge Du-
rpll and of the Court over which he pre-
sides was conclusive III the matter of
recognizing one OF the parties in the con-
test it recognized Nm. Il. Kellogg as
the legally elected Governor Of the Slate,
because it recognized the so.called Kel.
logg Returning Board as the oulv source
from, which. authentic aud valid election
returns. could iSsuc :, and those returns
were known TO declare Kellogg TO be
elected Governor.
The issue then presented to the United
States Supreme Court was involved in
an application made by the Attorney
General of the State Of Louisiana to pro-
cure prohibilion, or restraining ogier,
against Judge Durrll, from proceeding
further ii the case OF. lkylIogg against
Warmoth, on the ground that Durel had
already nsnrped functions not given to a
Circnit Court by law Observe, the
merits Of the controversy as between
Kellogg and Warmo,h could not come
before the Supreme Court the legality
of Warmoth's proceedings, the cppstitu-
EQUALITY Of Kello%g's candidacy, and ali
simiIa! QUESTIONS lay on side the case.
The Court n.d 10 decide, (D whether
it had Jurisdiction III the case, aud (9 it
the decisions of Judge nurell were legal.
If the first question were de,;ded in the
negative, the second could no, ni toursc,
be conslderd. The arguments w,re all
! upon The first Question, aud the decision
atItc that alotie. Tne Court, rs we un-
derstand lis decision, comes to the con.
clusion that it has no right to interfere !;
that the Supreme Court has no ilris lie
ton to issue TO Circuit or D.s,rlc. Court
IA writ Of pr jhibilion, except in certain
cases, OF which That peuding is not one ;
therefore thg w.rii of flTohibilioM.i i, denied.
The only way. 1t would appear, in which
Dnrrlis proceedings can be rcYigwcd. in
the Snnrr'n" Court is On al appeal from
the Circuit Court that appeal cannot le
ken ,atiI the Clrcuil Court maEes. n
Gual decision iu the case Il has not
done SO; before it does, the State Govern
mcnt Will have been BOUND, hand and
foot, in kr!logg's possession. The lawp
delay will do the rest aud, for all pruc.
teal purposes, KclIogg's term as Gov
ernor viii br secure from this time.