The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-05
A r K "A N S A S.
The Supreme Court Decides
Il Has No Jurisdiction.
Baxter Triumphant While Brooks, Mcclure
and Yonlsy Take Back Seats.
End of the Remarkable Quo
Warranto Contest.
LITTLE ROCK, June 4, 1878.

LITTLE ROCK, June 4, 1878.
The Supreme Court met this morning at ten
O'Clock to resume the quo 'cdrranto suit against
Governor Baxter After the usual formuiary and
all the Judges had been seated, Attorney General
Yenley rose to make the closing argument in be-
haH OF the people. Replying to the chief points
made by Judge Compton yesterday, he said the
paper in the hands OF the Court would be good at
common law in any State. He insisted 1t was far
from his desire to insult the dignity OF any
man, and the demand that the writ APP
Piled for should be made returnable In
three days was not so intended in regard
10 Governor Baxter The paper was not merely
information in the nature OF quo tcdrranto as his
learned opponent had declared on the day pre-
viOns; he had ample precedent for the form
adopted in England under George w., and also in
the courts OF New York. He was willing, If the
Court so desired to strike out the name of Brooks
altogether and proceed in the matter on his own
responsibility.
AS TO THE SCOPE OF POWER
exercised by the Supreme Court ne said it had
general grant Of power which made 1t Court OF
general jurisdiction and In all it represents
Il o people OF the State, who proceed by their own
SCI ereign right The constitution says the Legis-
IL tn il the place for Mr.. Brooks to contest his
suit with Mr.. Baxter, but the people had q
rig 1t to come to this Court. The constitution
says that all contested election cases shall
be tried by the Legislature, according to the mode
prescribed by them; but there is way prescribed
Where, then, should the people go II Baxter and
Brooks choose to arrange among themselves the
matter in dspute9 Mr.. Brooks could also come
into Court by bill of rights, even II the Legisa-
ture were the place, as alleged. But suppose that
the Legislature happened to be democratic ana the
chief contestant q republican in politics, what
would be the result Why, they would tell the
contestant to Ego hence and 1t is almost doubtful
even proper hearing could be had
Chief Justice Mcclure asked the Attorney Gen.
eral If ne would strike out the name of Brooks from
the document sought to be filed.
Attorney General Yonley-Yes, will take that
responsibility.
The Court then ordered o recess from twelve
o'clock until tive this evening for the purpose Of
consultation.
Governor Baxter, am informed after the recess
to-day received kilograms from Messrs. Clayton Il
Dorsey, saying that they acknowledged him as
Governor, and will support him, WHICH seems to
dispel the idea that Senator Clayton was ever
heartily in with the opposition clique in their
attempts to Dust Baxter.
DECISION OF THE COURT
The Court met again this evening, at five O'Clock,
and Judge Grey was authorized to render the de-
Cision for himself and associates Chief Justice
Mcclure only dissenting. Judge Grey said they
we're OF opinion that upon the paper presented to
the Court the writ should not issue against Gov
ernor Baxter, and that If this were regarded as
contested election case between Brooks and Bax-
ter the Court had no jurisdiction.
The Court was then adjourned to meet again at
the November term.
There Is genera! expression OF satisfaction at
the resut Of this threatening trial. Attorney
General Yonley is OF course greatly Disguised,
while Chief Justice Mcclure has to take back seat.
The decision, it appears was doubtful up to the
Hast moment