Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1874-05-21
WASH hiNcToN.

| WASHINGTON, May 15-The Att0r-
| ney General has presented the Presi-
dent with Q written opinion in the Ar
kansas gubernatorial dispute in which
he finds that Baxter is, according to
organic and statutory laws of Arksn-
sas the legal Governor, that Brooks and
has NO claim to the Office.
The Attorney General reviews the
history Of the case Is already publish.
ed, and is familiar to the public, be-
ginning with the election, and Brooks
claim Of having received majority of
votes cast; the action of the Legisla-
ture in the case; the application OF
Brooks to the Supreme Court for =
writ of quo tcasTantO and the decision
of that body that they had no jurisdic-
ton in the case and, finally, the suit
brought by Brooks in the Pulaski
County Circuit Court, and the judg-
ment Of custer rendered by that court,
with subsequent proceedings by Bax-
ter's attorneys, and the f0rcible seizing
of the Governors Office by Brooks.
The opinion says it is the Presidents
duty under the Constitution to protect
the State from domestic violence, W hen
called upon by its Executive to do 90.
Where two persons claiming to be
Governor make application for aid it is
the Presidents duty to decide which
holds that Office. Ii the result of q
count of votes in the presence of the
G enral Assembly be not considered .
final decision in election cases, their
objections to such decision may be
made in q Court at any time. and the
provision in State Constitutions for
determining elections by the Assem-
bly, is void. The decision in the Cir
cult Court that Brooks was elected
Governor is therefore a reprehensible
act Of Judicial characterization and is
void It would be dangerous to let
the acts by which Brooks obtained the
Office become president and they
canuot be upheld or justified"
General Williams adds to his opinion
in the Arksnsas case, sent to the Presi-
dent to-day, q supplementary opinion
relative to the decision Of the Supreme
Court on the 7th inst, ON the apphca-
tiOn Of Brooks for writ of mandamus
to compel the State Treasurer 10 pay
warrant drawn in favor of Brooks "a
Governor, q copy Of which decision
reached the Attorney General after
the rest of his opinion was written.
The Attorney General, after quoting
the decision, says: To show the value
of the decision, it is proper to state
that on Goth Of April Brooks applied
to the President for aid to suppress
domestic violence. The application
was accompanied by . paper signed
by Chief Justice Mcclure and Justices
Scarf and Stephenson, stating that
they recognized Brooks as Governor,
and also by Page, State Treasurer, re-
sp0ndentin the case, thus showing that
the case was made up to secure de-
cision to which the Judges were al
ready virtually pledged a decision in
plain contravention tof the Constitu-
ton and laws Of Arkansas, and in di-
rect conflict with two other recent de-
cisions of the same court. The SUI
preme Court of the United States has
repeatedly decided that it would not
hear an argument in q case made up
in this way, and decision obtained
under such circumstances is not recOg-
nized as authority by any respectable
tribunal. The decision adds to the
complications of the situation, but
does not affect, in the Attorney Gen.
erals judgment, the right of Baxter to
the office Of Governor. The Attorney
General refers also to the joint resolu-
ton of tho Legislature, calling On the
President for aid in suppressing the
insurrection, and says the call exhansts
Gil the Constitutional means Of the
people of the State, and there seems
to be, under the circumstances, neces.
sity for immediate action.