The Van Buren press., 1873-05-27
are born reyolutioni.ts. They were wild with
rasn tmnnt md dies nc raie with IL cir rcneated


and reckless as any which the abnormal con
dition OF the south has yet produced. not ex-
cepting Warmoth Of Louisiana. This Is the
same Chief Justice Mcclure, OF who senator
Norwood. dulingau investigation by the Jhi-
ted states senate has given 10 the country an
excellent rortraitur'. rs = quot ton intended
to be used here shall verify so soon a. we can
lay hands on it.
TIrE ATTORNEY GENERAL BROUGHT IN.
Notwithstanding as we have previous
" said, contest of an election TO the Office OF
governor must be determined before the gen
eral assembly, which body has exclusive jn-
risdction of such u contest by the constlta-
ton and laws of this state, the chief justice
resolved to try the effect Of coup d etdt
through means of his official position. and seek
70 practically remove the governor through
the forms OF law. The attorney general, cleo
ted Oh the ticket " ith Baxter though running
a thousand votes behind Baxter, was the next
chosen agent Of the chief Justice. Although
holding the office Of legal guardian OF the
rights and interests of the state. he was easily
obtained. He was VIGOROUSLY under the IN
fluence of the railroad lobbyists, and had been
olllcious in endeavoring to secure the passage
of the bill to accomplish the six million rail-
road steal.
CHANGES MS MIND on QUO wARRANTo.
The attorney general had refused to move
for quo warranto in the case Of Mr.. Berry,
contestant for the Office of auditor, although
the constitution and laws provide no eXclu-
siye method in the contest of the election 10
the office of auditor. and although Mr.. Berry
claims his Office by a majority greater by
three thousand votes than his opponent re-
eeivcd. and by many thousand more votes
than were received by the attorney general.
But at the instance of the chief justice ne
,sonpiatnl with tlp chief Stipa the
pre- aration OF the papers to be filed in pro-
ceeding by quo warranto against the govern
or for inouirins into the validity of his elec-
ton iudicially. but unlaWfully, and not IN the
manner provided.
QUO wARRANTo A PRErENsE-A PosTPoSEMENF
THE REAL MEANS TO BE USED.
The supreme court Of Arkansas is the court
Of last resort in this state, but has original Ju-
risdction in eases OF quo warranto. III was
understood between the chief justice of this
court and the attorney general that the latter
was to file in this court his relation or inform
aton praying n writ Of quo warranto to issue
against the governor. IL was 10 be piausioiy
mot soundly argued thar the court could not
refuse to let the writ go. and that the question
ofiursdiction. and other questions which nat
urally must result in the ultimate disposition
Of the case in favor Of the governor, could not
or ought not to be passed upon by the court
until the writ had been served upon the gov
ernor, and then raised by demurrer or
otherwise. The chief Justice and the attorney
general determined to take care that the case
should never be disposed Of 1t was pars OF
the programme that as soon ms tie writ or
ouo warranto should issue. the chief Justice,
on his own motion and in his own name, would
issue an Injunction restraining and cnJoinlng
the governor from performing the functions
OF his Office until the final hearing OF the rela-
tion in quo warranto. which writ Of injunc-
tion the chief Justice had already prepared to
deliver to the sheriff for immediate service
the moment the writ ofquo warranto should
be granted by the court.
THE COURT 70 BE UNCoNNECTEp WITH THESE
RESULTS.
It was not contemplated to ask the 'crit Of
Injunction Of The court. 1t was well under
stood that no member of the bench. save the
chief Justice, would for an instant think OF is
suing process so flagranty in violation OF all
law. lit he asked why an injunction so ila-
grantlv In violation of all law granted by u
single Judge, might not have been dissolved
on motion before the court. there j. an answer
to the question which it is important for the
people to understand. Under eur peculiar
practice an iuluHction granted by single
iudge ns in aid uf or auxiliary to- suit or pro
ceedinr of which the supreme court has orig
only be dissolved on the final hearing OF the
ease that S. ", YhsAM Is M W. cn,tp
Ifit be inquired why the governor could not
go in at once and have the question disposed
by the court in lull bench. the answer is easy
and equally important for the people to know.
Under our peculiar constitution the supreme
court has repeatedly ruled that all fire Of the
Judges constituting the court must he pres
ent on the bench before any bu mess whatev-
er can be transacted save entering an adj
iournng order Now IL lcas He dectGred par-
pose of the chief justice at once 10 absent him
self from the bench upon the vice of his in
junction on Baxter until, by defeating hear
ing, he should work delay that would ena-
bic the iiLg to couSummatc their plans tor
transferring all the property and credit OF the
state for cash in hand. and forever controlling
within themselves the appointment OF all oi-
GERS of the state legislature. executive and ju-
dicial, to their own ends and indulgences.
NOW THE THING WAS "To BE DID"
Under our constitution and laws in the alb
seucs of the governor. OF his inability to act,
the lieutenant goveruor is the acting govern
or the state Y. N.Smith, the lieutenant gov
crnor i one of the co-conspirstorS. lie has
been awaiting the development of the plot to
make him acting governor ever since the adj
ournmont Of the general assembly, of which
he is gudsi member. Instead Of returning to
MS nomc in Lafayette, he expected ere this
to have been in the cyccut,,v chamber and in
possession Of the archives Of the government,
as he was to have been the moment that the
revolutionary chief Justice and editor Of the
Republican, alias Poker Jack, should issue
the proposed writ OF injunction.
it was never intended that MIR. Brooks
should make any thing by these several pro-
ceedingS. After the proposed installation Of
the lieutenant governor - acting governor
it is intended that he shall issue writs of elcc-
tion to ill vacancies in the general assembly,
and call An early session of that body. Should
Mr. Brooks renew his contest before the leg
isaturc, that body, then purged oiall thought
OF reform, will declare that Mr.. Smith and
Mr. lonley and others Of the the ring in office
were elected o. course. and, per consequence,
Gov Baxter But, being ind gnant that Bax-
ter shall have listened to conscience In the
discharge Of official duties, the legislature
will proceed to inpeach anu remome him from
office, when the chief justice win come in
from his lava beds and grant final h, airing
perhaps OF the attorney generals case of quo
walranto against ihe governor. But mean.
while the legislature will have obeyed the be-
hcsts of the ring in this matter OF the railroad
steal. the militia voucher steal, the election
law and kindred matters; the states bonds
for six millions will not only be lost posterity
not only be laden with a debt upon which they
can har ly pay the interest, but the people
will se powerless to obtain relief from con-
tinuance Of like expressions.
Gov Baxter, VIC are assured has not at any
time proposed to fight the court or resist its
lawful process, but he does propose to defeat
tho illegal and revolutionary action of the
chiefjusticc, to defy any and all attempts Of
railroad or other combinations to steal the
property Of the state, and TO prevent all 9TH
ers, so much "a lieth In him, from deprving
the people of their lawful and constitutional
riYhts and nriNileges. lie believes tint re-