National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-17
THE NEW ARKANSAS Diff


The present disturbed condition of affairs
in Arkansas is simply the result of an act of
a subordinate judicial tribunal-the Circuit
Court of Pulaski county-which, in the alb
sence of the attorneys for the defendant in
the case of Brooks vs.. Baxter, rendered q
'fsnap judgment" for the plaintiff. The case
was novel one Brooks claimed to have been
elected Governor of the State, but Baxter
having received the highest number Of
votes. as counted by the Legislature, had
been sworn in and filled the Office. Brooks
claimed that the Legislative count was in
correct, because certain counties in which
he received large vote, sufficient to over
come Bakers majority in the balance of the
State, were thrown out. The Legislature
assumed to throw these counties out on &C.
count of irregularities in the returns. Fail
ing to displace Baxter by other means,
Brooks brought suit against him m the
nature of demand for franchise, or o
civil process to obtain control of the office
of Governor, with its salary, perquisites
and dignities. When judgment was rem
dered in his favor, Brooks was placed in
possession of the executive Office by the
sheriff of the county.
From this explanation it will be seen that
the affair was conducted with q semblance
of legal or judicial authority which
almost but not entirely, removes from
it the stain of revolution or insurrec.
ton. The next step will naturally be taken
in the Supreme Court of the State by writ
of csrtiorari, bringing the case before that
body, when the act Of the inferior court
may be properly reviewed, and if it is dis
covered to have been improper or Illegal, il
may be overturned. If the act had not
been done with semblance of legal or ju.
dicial authority, if it had not been the re.
suit of legal process and executed by q
recognized officer Of the court, the aspect Of
the case would have been radically differ.
ent, and would have required different
treatment. But it is useless to speculate in
this way. As the matter now stands, q
power which is presumed to be non parti.
san, and which should be religiously obeyed
by citizens of every political faith, has as
serted itself-a power which, II is true, has
been prostituted time and again in New
York as well as in Arkansas and Other
States of the Union for political and corrupt
purposes, but nevertheless power which
must be respected and obeyed until legiti.
mate remedies are applied. We do not in.
tend, with the mesgre information at hand,
to declare that this power has now been as.
serted improperly, but it is plain that the
results accomplished by it may have been
effected through favoritism, or that the case
may have been lost to the defendant by the
negligence of his attorneys or his own in
difference. Be this as it may, the remedy
we have suggested is the only Legitimate
one
We now expect to hear great deal about
Republican and Radical usurpation in con,
nection with this matter, because Baxter,
the ousted Governor, although elected as Q
Republican, has administered the affairs o.
the office as Democrat. Brooks, formerly
rampant Abolitionist and earnest Radical,
ran against him OF the Greeley ticket but
since the defeat of the Cincinnati reformert
has rejoined the Republican party. 1t h
therefore apparent that his assumption o.
the Governorship viii reverse the policy o.
the administration of the State. Naturally
enough the Democrats object to this. but
unfortunately for them, they have consist
emily and persistently insisted that Brooks
for whom, as Greeley man. they voted
was legally elected. Up to the time o
Bakers detection to the Republican party