The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-05-16

I
ls made. lRespecting the claim thal
Brooks received q majority Of the vote
OF the election, 1t must be said thai The
President has no way 10 verify thai
claim. If he had Il would not in nv
opinion, under the circumstances Of M
case, be o proper subject for his consider.
alton.
Perhapsit everything about the cleo
;tion was 10 confusion and there had beer
Iuo legal count'of votes the question d
; msjorities might form an element OF dis
cusslon. But, whereas, in this case there
has been q legal count oi votes, and the
tribunal organized by the Constitution ol
Of the State Tor that purpose has declared
the election legal, the President ought
not go behind that action 10 look into the
State vote. Frauds may have been com,
mitted to the prejudice Of one
lparty, but unhspptly there are
few elections where partlzan zeal runs
high, In which the victorious party, with
more or less ot truth, Is not charged with
acts oil fraud. There must be an end 10
this controversy, upon which subject II
would DO disastrous to allow tho proceed.
ings by which Brooks obtained possession
o. the office 10 be drawn into precedent.
There is not q State In tho Union In
which they would not produce q conflict,
and probably bloodshed. They can not
be upheld or justified upon any ground,
and In my opinion Elisha Baxter should
be recognized as the lawful Executive Of
the State Of Arkansas. EE faZ
l Since the foregoing was written the
Attorney General says. II have received
a telegraphic copy OF what purports 10
be q decision oil the Supreme Court Of
Arkansas delivered on the 7th inst from
which 1t appears that the Auditor Of
State upon the rtqulsition Of Brooks drew
his warrant on the Treasurer Tor the sum
Of $1,000, payment ofwhich was refused.
Brooks then applied to the Supreme
Court for writ Of mandamus on tho
Treasurer, who set up by way Of defense
that Brooks was not Governor, 10 which
Brooks demurred and thereuponthe Court
say: The only question that we deem
It necessary 10 notice Is did the Circuit
Court have jurisdiction 10 render iudg-
ment In the case OF Brooks Va. Baxter, he
feels some delicacy about expressing an
opinion on the question propounded, but
under the pleadlngs 1t has to be passed on
incidentally, II not absolutely, In deter
rniniDgwhelher the relator is entitled to
the relief asked for. His right 10 the
office, II established at all, Is established
BY the judgment Of the Circuit Court Of
Pulaski county. We are OF opinion
that the Circuit Court had juris-
diction oI the subject matter and
It's Judgment appears 10 be regular and
valid. Having arrived at these conclu.
siors, the demurrer is over.tuled, and a
writ OF mandamus will be avoided as
prayed for. To show the value of this
decision should make the following
statement: "0n the goth OF April Brooks
made formal application 10 the President
for aid to suppress domestic violence,
which was accompanied by q paper
signed by Chief Justice Mcclure and Jus.
tices searle and Stephenson, in which
they stated that they recognized Brooks
as Governor. Aud 10 this paper
also is appended the name of Page,
the respondent in the above named
proceeding for mdnddMuS. Page, there.
fore, did not refuse to pay the warrant Of
tho Auditor, because be did not recos.
nize Brooks as Governor, but the object
OF his refusal evidently was 10 create such
lacts as were necessary to make case
for the Supreme Court. The p!eadings
were made up by parties both OF whom
were on the same side in the controyesy,
and tho issue 80 made was submitted 10
Judges virtually pledged to give the de.
cision wanted, and there, within the mill.
tary encampmentoI oI Brooks, they hurriedly
but with delicacy, they say, decided that
he isgovernor, q decision in plain contra:
vention Of the Constitution and laws Of
the State and in direct conflict with two
other recent decisions of tho same court
deliberately made. have RETAINED from
comment more than once. The Supreme
Court oi the United States had decided
that It would not hear argument in a
case made up In this way, and decision
obtained under such circumstances is not
recognized as authority by any respect.
able tribunal. No doubt his decision
will add TO the complications and Difficult.
ties, but 1t does not affect my judgment
as to the right OF Baxter 10 the office oi
Governor, till 1t is otherwise decided, on
contest made by the Legislature on the
1lth inst. The General Assembly of the
State was convened in extra session on
the call OF Baxter, and both houses passed
o joint resolution pursuant to section 4,
article 4 Of the Constitution of the United
States, calling upon the President to pro.
tect the State against domestic violence,
This call exhausts all tho means which
tho people Of the State have under the
Constitution 10 invoke the aid oil the
Executive Of The United States for their
protection, and there seems to be, under
the circumstances Of the case, an impera-
tive necessity for immediate action.
The following proclamation by the
President has just been issued:
By Ge President # Ne United States Of
| America: ~
A PROCLAMATION.
| WHEREAS, Certain turbulent and dis
orderly persons, pretending that Elisha
Baxter, the present Executive Of Arkan-
sas, was not elected, have combined
together with force and arms 10 resist his
authority as such Executive, and other
authorities Of said State; and,
| WHEREAS, Said Elisha Baxter has been
declared duly elected by the General As.
sembly Of said State, as provided In the
Constitution thereof, and has for long
time been exercising the functions Of said
office, into which he was inducted &C.
cording 10 the Constitution and laws Of
said State, and ought, by It's citizens, 10
be considered as the lawful Executive
thereof and,
| WHEREAS, Il Is provided In the Con.
stitution Of the United States that the Uni.
ted States shall protect every State In. the
IIninn nm Annlication nf thc T,eo;o1ot,,ro7