New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-16


under said Section in the Pulaski Circuit Court to re-
the office. Wheeler applied 10 the supreme Cour
for order proceedings, and that Cour
issued writ OF prohibition foIbdding the said Court Ia
ease AS TO the question OF law involved. The Of
Berry and Brooks exactly alike. 1hat tns CIRCUIT
Court should have rendered judgment for BROOKS uh
der these circumstances Ia surprising and 10 IL not TOO
much to that u presents case OF Jndcia hsupou
nation which deserves the Ieprebensloh vi e'cy que
who does not wish to see pu1lc cohndenoe III t9 o
tanty and good faith OF Judicial proceedings wnT
in the case of the Attorney General agt Bak,
ter delivered the opinion OF 'ne op our fa II,
| lowing language: "The majority Of the Court in me
case OF the State Baxter under the decision OF INC
quo rdrTanio and contested election proceeding were
convertible remedies having and the same oplcct.
decides that neither this any other state court
matter what the form Of action, has jurisdiction 70 t
suit m relation to contest for the Office Of Governor
as an abstract proposition OF law. c0ncene tnc coi
| the question had been before Tho question now
before this Court il precisely one OF contest anu
offices OF Governor. Governor secretary oi
State Auditor, Treasurer. AtorneyGenera ana snpel
| ntendunt Of Public Instruction, am OF tue opinioh
that IL can only be had before the General Assembly
He then adds, in conclusion think writ OF pro-
entertaining Jurisdiction OF Berry ag Wheeler that mas
for its object u recovery OF the Office All hVe OF tne
judges heard this case, and there was no dissent rom
these views as to the question OF To show
how the foregoing decisions are understood 10 he STATE
the District Court OF the United States for the southern
District OF Arkansas. upon Section 25lg OF dges, oI
Nv the provisions Of Section 10 OF Article OF the
Constitution the jurisdiction OF the General Assembly
over eases of for the officers. In said
section enumerated. is exclusive Attorney General on
the relation OF BROOKS ag Baxter, us o. 1871
| AIT. Whyloek ms. op. 1879 -, .
II Is assumed In the argument for Brooks that tho
ude nen OF the Pulaski Circuit Court Is binding as well
upon the President AS upon Baxter unt u rs ienerseu'
but where conflicting decisions as In ths case
is warranted by the Constitution and laws OF the state
Tae General Assembly mas declucd t1al DaAter
| was elected. Tue Circuit Court OF Pulaski
| County has decided that Brooks was elected.
Taxing The provision OF the Constitution which declares
that contested elections about certain state Oceis IN
cIudng the Governor shall be determined by the Gen
era Assembly and that provision OF tue law heretofore
cited wG nS sa cct tait by the ana the
decisions of the Supreme Court Affirming the exclusive
jurisdiction of that Dody over the SUBJECT ana inc con-
cusIon irressbly follows that said Judgment oil inc Or
chi: Court is void VOID Judgment BINDS nobody Saln
section 5a5 under which this Judgment was rendered.
must be construed with reference 10 the Constitution
and other statutes Of the State and no doubt intended
TO apply TO county aud other inferior officers for which
no provision elsewhere II made But the constitution
likes tLe state officers therein enumerated oLt OF the
puryiew this section ana estabsesa special tribunal
TO try these contested election cases. TO "hch tuey are
nortes The jurisdiction Of this tribunal Is exclusive
oho agt Grisell and Menon is, Ohio, ia; Attorney
General ag Gdrrugues 70, Peh1 CON- aat baAVor'
| as Id 1858 Com. at. Leech, A. Id. 1922.
Ra meeting the claim that Brooks received majority
~ ha votes at the election 1t must be SAID that the
Preticn has no way verify that claim II he had, it
would not in my opinion, under the circumstances Ia
PePbans il everyth about the election was in confu-
ion and there had been no legal count or the votes the
eou of majoritics mignt form element OF the dis
eussion; but where, III tins case. there mas been
legal count OF the votes and the tribunal organi[ed p
the Constitution Of the state LOT that purpose mas ue
lard the election the President In my Judgment,
| ought not to Nv behind that action to look
| INTO the state Of the VOTE. FRAUDS may
hn nve been committed to the prejudice OF
Rroos but, unbappy, there few elections where
nptisa zeal runs high in which the victorious party
Win more or less of truth IL not charged with acts of
traua There must however, be an end to the contro
ycrsv upon the subject Somebody must De trusted 10
conn, votes and declare elections Unconstitutional
methods OF filling Offices cannot be resorted to because
there Is some real Imagined unfalrness about the
eIection Ambitious and selfish asprants for once gen
orally create disturbance about this matter Tor the
pe eope Than in tho political fortunes OF any
Either OF contestants, with law ana Order better
than the other with dscord and violence. think It
would be disastrous allow the proceedings by which
Brooks obtained possession of tue once 20 ne dra"h
mo a precedent There Is not state III the Union IN
wb,h they would not produce a conflict, aud probably
bloodshed. They cannot be upheld or Justified upon any
ground and my opinion Elisha Baxter should be
Recognized as tue lawful Executive Of the state OF
since The foregoing was written have received tele-
granite copy OF what purports TO be decision OF the
Supreme of ARKANSAS, delivered on the 7th lns
rom which It appears that the Auditor OF tho state,
mpon Tegusition OF Brooks drew his warrant the
Treasurer for OF slV0. pay ment of which was
refused then applied 10 the supreme Court for
Viii Of mandamus upon the Treasurer, VINO Get up by
way defense, that BROOKS was not Governor OF the
state to which Brooks demurred aud thereupon the
eu SCOUT have ar Judgment
at B.Ie We feel ceea about expressing opinion
ill., question uopoundei under the peangs Ls
M II not aboutely in determining whether The
an ~ essbSsd by the judgment Of the Circuit our Of Pll4s
Coany the Circuit Court Jurisdiction OF the
julgpea appears 10 be regular ysi HAY
ing arrived the demurrer oyaed aud the
OF mandamus will be awarded, a. prayed for
To show the value OF this decision 10 is proper that
should make the following statement ON the goth OF
Ami Brooks made a formal application TO the President
for aid suppress domestic violence. which was accom-
paniod by paper signed by ChieJustice Mcclure aud
Justices seare and Stephenson, In which they stated
that they recognized Brooks Governor and TO this
paper ais appended the name OF Page, the respond
10, M. af.Va IN AZ ll
of tho Auditor because he did not recognize
Brooks as Governor but the object OF his refusal evil
make a case for the Supreme Court Accordingly, the
pleadnss were made up by the parties both or whom
were on the side IN the controversy, and tue
issue 80 made submitted to judges virtually
the military encampment OF Brooks, they hurredy but
with decacy they say decided that he is Governor,
decision IN PLAIN contrdtehlcn OF tho constitution ana
the State and III direct conflict with TWO other
recent decisions OF the Court deliberately made
/ refrain from comment. More than the Supreme
Court United states has decided that would
cson obtained under such circumstances Is not
nized as authority by any respectable tribunal No
difficulties OF the situation, but IL does not affect my
Judgment as the right Of Baxter to the office OF Gov
ernor until 1t is otherwise decided upon contest made
by the Legislature OF the State.
the 18th inst. the General Assembly or the State
was convened extra session upon the call Of Baxter
and both Houses passed joint resolution pursuant 10
Section of Article OF the Constitution OF the United
states calling upon the President to protect the State
against domestic violence This call exhausts all the
means which tine people Of the State have under the
invoke the ad or Executive or the
United states their protection and there to
be- under the circumstances Of the case, an imperative
necessity for immediate action have the honor to be,
with great respect, GEORGE III. WILLIAMS
Attorney General.