The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06

Decentralization I'm Texas-Another STATE
Government Set Aside by Judicial
DeCislon.
The Supreme Court of the State Of Texas
has just set aside the recent election in that
State, apparently because the right party did
not win. There is no doubt whatever that the
people Of Texas are Overwhelmingly 'oonser-
vative" is to say democratic-and with
q free and fair election we could expect only
what has happened in the return of democrats
to every Office by large majoriies; but it il
one of the important features of Southern
politics that the very fact that communities
give democratic majorites is accepted as an
evidence against the validity of elections. In
fact the reconstruction machinery is organ
lied solely to give republican Victories at the
polls, and if there is any failure in this par
ticular it is clear from the standpoint as
sumed that somebody has prevented the
proper operation of the machinery and thus
invalidated the election. There is q very
pretty little piece of PHILOSOPHY in the Chinese
religion. If q man is about to enter upon
any important enterprise he may consult the
gods to know if his undertaking has their as
sent and favor; they will pronounce definitely
for him or against him. If they pronounce
against him he may repeat the ceremony by
which he endeavored to learn their will; and
if the answer is still adverse he may repeat
the ceremony again and again, and go on in
definitely. But if the gods have pronounced
in his favor once 1t is forbidden
to repeat the inquiry; all doubt
must stop there Republican authority in tho
South applies the same principle to the oere-
mony of inquiring the popular will at the
polls. If the popular voice decides in favor
of the republican candidate the result is ao-
cepted as thoroughly and completely satisfac-
tory; but if the popular voice is the other way.
then repetition of the ceremony is in order.
and the only limit to repetition is favorable
vote. 1t is pretty and simple principle,
enormously encouraging to the people who
are on the right side. If the others do not
like it, so much the worse for the others.
The Legislature of Texas is called the Thir4
teenth Legislature. 1t is democratic. The
Governor, Edmund j. Davis, is republican.
He was recently candidate for reelection
and there was o majority of forty thousand
votes against him. Another Legislature waa
elected at the same time, which also was most
decidedly democratic. Texas, therefore, was
evidently dreadfully. and the
case called for a repetition of the POLITICAL
ceremony. It was said that Governor Davis
would take no notice of the election and treat
it as not having occurred; but this
was, perhaps, deemed unwise. Judicial decij
sions have the form of law, and, when an
election is set aside by their assistance it il
possible always to make some thousands Of
the people believe it right. Besides, this was
the plan that had worked well in Louisiana.
There is no knowing at any time but that the
people may resist, and force can always be
fairly called in to sustain the judgment Of q
Court so it was thought better to put the
case in reconstruction law mill and grind
out decision. This was done. 1t seems a
man had been arrested as q repeater, and he
was brought up on habeas corpus and his dis
charge demanded, as nearly as now appears, on
the ground that he had committed no offence,
inasmuch as the statute he was charged with
violating Othe Election law was not a law OF
the State, because it had been made in def
ance OF the requirements of the constitution =
and, if the Election law was void for unconsti-
nationality, the election which had been held
under it was without legal effect.
Thus the Thirteenth Legislature and the
radical Governor remain in authority until
another election can be held, which. it is said,
will be before the 2Sth of April. The Thir-
teenth Legislature had repealed, in the words
of the democratic State platform, ga number
of the oppressive, odious and unconstitutional
acts passed by the Twelfth Legislature in pur-
suance Of the radical policy to overthrow tho
government of the people," It appears that
among the laws of the Twelfth Legislaturethus
described was an election law which the same
democratic platform says was ''framed for the
purpose of preventing free and fair elections
and openly encouraged the preparation Of
frauds to defeat the will of the people
and to perpetuate radical misrule. y"
That law the Thirteenth Legislature repealed
and made another in its place, which, in
turn, is now put aside by the Supreme Court
of the State Although our despatch chroni-
cles some excitement, we hear of no disorder,
and scarcely believe it will come to that. AS
the democrats have a sweeping majority and
can win legitimately as many elections as are
ordered, they will scarcely be SO foolish as to
commit acts that would afford the pretext and
the opportunity for putting them down by
armed force. But if the use of armed force
be part of the programme that has been agreed
upon to guarantee the State republican form
of government, it will, of course, be very easy
to get up all the disturbance that is necessary
to Justify the authorities in calling on the ma
ional troops
Tempest in . Teapot.
The Rnard of Assistant Aldermen had n