The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-04-18

itself to quie. under an administration
which | trust has not been -.unfaIthtul
to its professions or obnoxious to the
people. Meantime proceedings had
been instituted before the Circuit Court
OF the county for the possession OF the
Office OF Governor, l do not care at
present to comment on the question OF
authority OF such court to adjudicate
a matter from the decision of which
the Supreme Court of the Sac had
upon unconstitutional grounds not
merely shrunk but sffirmstively denied
its own jurisdiction. The Pulaski
Circuit Court did clandestinely assume
upon demurrer flied in court, but
never submitted to the court for lts
action, TO render judgment OF custer
against the officer who for fifteen
months had exercised the functions
OF chief magistrate of the State.
The judgment was rendered on
the call OF the contestants
attorney in violation Of the express
agreement OF the council that the case
should not be taken up in the absence
OF the representatives. OF either party.
II was rendered therefore in point OF
fact without the knowledge or even the
suspicion al the Governor or OF his
council. In pursuance of plot already
matured in anticipation OF the decision
OF the circuit court, the c0nsp'ratore,
forgetting in their haste that no "rit
of custer had ever been Issued, betoock
themselves to the room where the
Chiet Justice OF the State, the sole die
senter from the decision OF the supreme
court in the matter, awaited them.
Armed with the Chief justices attesta
ton to Mr. Brooks oath OF office they
proceeded 'orcibly to eject from the
State house the chief magistrate OF the
commonwealth. The appeal lies,
OF course, to the supreme
court of the State. That supreme court
has already 10 case l",O.F.a: the
point at issue determined that no rOnrt
has the authority to decide the va'd'iy
OF the election Of any executive officer
OF the State. 1t need hardly be le-
marked that pending an appeal, the
effect Of the judgment Of the court OF
Pulaski county is suspended and that
the undertaking TO sustain the enforce
ment of that judgment, pending an APP
peal, is without color OF law or moral
palliation. The iorcible ejectment OF
the cL ief magistrate from the premises
was followed by the pre-arranged and
prompt summons to armed desperadoes
to bar all access to the State house 20
its legitimate occupant.
"Mr. Brooke has is51el Pape: eaS
titled procl"mttiln in wUicu be dis
timely ..Ya.u u.:.s bio ialentlon OF
bloodsned. The executive OF the STATE
has but one obligation 10 perform, that
to which be is bound alike by hi;
duty as citizen and his otlic al oath.
The authority OF the Law vii! be imme
diateIy and effectively asserted peace
fully II may be, but asserted IN any
event. The government proposes tc
occupy the Capitol as Governor OF Az
kansas, and appeal 10 the people OF the
State to supper. the government OF the
State against shameless usurpauon
Under the solemn obligation OF my cath
Of office ! renew my promise to b'
true to them. | ask from them the
support which they owe to their chic
magistrate. ELISHA BAXTER
"G0rcrn0r Of -irkanSas.
This morning Judge Whitlock sem
a note to the clerk OF the circuit court
stating that he had been advised by the
sheriff that it would be unsafe for him
to come 10 the circuit Couy. room, on
Markham street, and requesting The
cleak to bring the records up 10 tho
state house. Goyernor BaXter's alter
news were aleo notified. These gentle
men declined 10 pass through the
Brooks guard into the state house
where the county clerks Office is locat'
ed, TO attend court. The judge then
moved TO the criminal court room, jus,
apposite, but the counsels did not at
tend Judge WhjtlOck then ovcrrrIed
the motion TO set aside the
judgment in the Brooks Baxter
case aod supplsn!ci the motion 10y
a corrrc. record > as to show that the
demurrer WAS submitted " laout the
knowledge Of Baxter or his Gttornys
The bar held a meeting Today and
passed several resolutions against
Whipped, Brooks attorney, for his
non-pro'essional conduct, and also
agalrS the court for II action IN the
absence Of the Governors counsel
Durin. the moroin. Gen r. ?. Book
cry was appointed military Governor
OF the CITY, WAC ..S2ai the following
order:
| IlEAaQuAErER- MILITARY GoyHNN-
MENT, CRY OF LITTLE Rock,
Friday, April l., 1874
General OrIr ". 1.-The comman.
der~in-chiet Of the militia Of the State
T4,,-,