The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-11-20
The Arkansas q question.

! land, chairman of the Congressional
committee to investigate Arkansas affairs
Judge Wiltshire, member of Congres:
elect from the Little Rock district, and
Colonel Hynes, present member from
that district, arrived here yesterday, and
several interviews with them are publish
ed, but they differ in some material res.
poets. In one account Judge Poland j:
asserted to have said that the Garland
government, recently elected, is trying
to act fairly, and Garland although moi
possessed of very great moral force him
self and being surrounded by strong
element Cf perhaps q vicious sort, is try.
ing to do well. The Baxter faction sus.
tains the Garland government; while the
Brooks men sustain Lieutenant Cover
nor Smiths programme. The Brooks
party evidently is, in event of the Federal
Government favoring Smith and seating
him in the Gubernatorial chair, to press
the Brooks-Baxter suit, which is still
pending in court, in hopes OF reseating
Brooks us the legally elected Governor.
If, however, Smith is seated as Governor
by the Federal forces, he will have to be
maintained there by the same power;
but Judge Poland does not think such
action will bo taken, as Smith, he says,
is no more Governor than Baxter,
and he thinks the authorities of the latter
was gained by fraud. Smith is u fire.
brand, and for his sake and the sake OF
the State it is good thing he has fled.
His claims to the Governorship are worth
less, and there is little likelihood of their
being made to appear of any value to the
| President.
Another Story.
Another story says Judge Poland as
serts, that although both Baxter and
Brooks have disappeared from the poit-
cal arena, yet the question now Mt issue,
is which of them was elected Governor
in 1872. The new Constitution, Poland
saws was conceived and adopted in a
| very irregular manner. The old Consti-
tuition provides for amendments only,
and "A prescribed method for their adop-
tion. Nopower was delegated to the Cen
eral Assembly of the State to submit the
question to the people whether or not they
would have Constitutional Convention.
Thus it appears that the action of the
Arkansas legislature in the premises was
without authority and wholly irregular
A parallel case to this Mr.. Poland finds
in the celebrated Dorr rebellion, in the
Rhode Island quarrel, century ago.
The hopes and ambitions of Smith rest
upon the illegality of this constitution.
Baxter, with Lieutenant Governor Smith
and the whole Radical ticket of 1872,
We're elected for four years, less than one
half of which time they served, when the
new election held under the new conSti
tuition this fall, provided their present
SUCCESSORS. In case the new constitution
should be declared invalid, of course the
present State government would no
longer exercise the duties incumbent up
on il, and the question would reCur to the
election of 1872, It's between the Brooks
and Baxter candidates. Touching this
matter Judge Poland freely expresses the
conviction that Brooks received large
majority of the votes cast. The testimony
taken before the Congressional commit
mittee plainly indicated this, and it is
rendered still more probable, III MIR.
Poland's view, by the fact that the Demo-
cracv voted almost unanimously for
Brooks as against Baxter. Of the pros
poets for the early settlement Of the qucs-
tion, Judge Poland does not speak hope
fully. He regards the issue affecting
the validity ofthe new Constitution as
one of very grave Importance, and mas
much as it is strictly legal question he
gives no opinion whatever respecting it.
The Judge also said that the testimony
before this committee was about con-
Guided, but the people seemed to have
greater feeling of security with such a
body i'll their midst, and asked earnestly
for its retention. He therefore appoint
ed Hon. J. c. Ward subcommittee,
and left him ut Little Rock with SER
gent-at-arms and Il reporter. He will
doubtless find something to occupy the
time.
Judge Poland has gone to Washing
ton ut the call of Attorney General Will
li.p,.