New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-25
NOPE TPOUBLE.

We have been anticipating legal and pohd-
cal difficulties in Arkansas, and they haVe
como 10 O head. A gentleman who was can
didate on the Liberal State ticket has applied
TO the United States Circuit Court for an In
junction to prevent certain persons claiming
an election on the Republican State ticket
from exercising tho duties OF the Offices
to which they claim to be elected. The
Court ia also asked to compel Acting Gov.
Hadley and others to deposit In the custody
of the Court all original election returns and
documents Herewith connected. The COM
plant further charges the Governor and can
wasting Board with depriying many persons
of their right to vote, and of altering the re-
turns after they were made up. Tho proceed
ings are pending, and it will be several days
before decision can be reached.
This case, as it stands In the Conrt, is al
most an exact reproduction of that in Louisi-
ann. Outside of tho Court it has these dilcr-
ences a. Tho Louisiana suits were IN tho
interest Of tho Administration; but the Ar
kansas suit is for the other side. (e) There
was less reason for complaint by the
kellogg party In Louisiana than there is for
the Brooks or Liberal party in Arkansas. In
Louisiana it was set up that the Republicans
would have been elected if 10000 more col
ored people had been allowed to vote. In
Arkansas it ia claimed that the Liberals
were actually elected, tho returns being
falsifed and many precincts having been
thrown out. In Louisiana il is charged that
exactly 10000 colored Republican voters were
refused registration and the right of suffrage.
In Arkansas it Is alleged that Liberals who
weat to the polls with certificates OF regis
tration in their hands were de-
prived of tho right to vote and
were told that their names were not on the
poll-books. These DISTINGUISHED men impro-
vised polling.places and cast many thousand
votes. But, aside from these, it is claimed
that the Liberal ticket was elected by fair
majority.
1t is proposed to resort to tho extrao rdinaTy
and (possibly) unconstitutional provisions of
tho Enforcement Act to prevent the declara-
ton OF tho Arkansas vote in favor Of the Re-
publicans. When this was dono in Louisiana,
it was said In THE TRIBUNE that such o pro-
ceeding was clearly at variance with the COM
monest principles of night and justice.
This is no less truo OF tho at
tempt in Arkansas. While antecedent
circumstances in this last-named State may
seem to BIO moro aggravating to the Liberals
than any which tho Louisiana Republicans
suffered, it is true that the same regular legal
remedy is open In both cases. Equity do
mands that conclusions should DO tried when
tho person obtaining tho certificate of election
shall DO in Office. Kellogg should have COM
pelled McEnery to show his warrant for hold
ing the Govemorship of Louisiana, after be
had claimed to act as Governor; the Arkansas
Liberals should in the same way proceed
against the Republicans who are to be
installed in Office. AL other antcipatory
proceedings under tho revolutionary Enforce
ment Act are a mere trick. 1t will be
worth while to watch for the issue in Ar
kansas; the Louisiana case furnishes bad
and violent precedent; but all CONSCIENTIOUS
and thoughtful people will justify only that
course which follows the customary processes
of law and leaves the issue with the courts.