New-York tribune., 1874-11-19
THE ARKANSAS FEUD.


QUESTION REGARDING THE VALIDITY OF THE
NEW CoNs1ITUuoN-SMITHS CLAIMS BASED On
ALLEGED IRREGULARITIES IN ITS ADOPTION
JUDGE POLAND STATES THAT IN HIS OPINION
SMITH HAS A GOOD CASE.
tFRoM AN OCCASIONAL CORRESPONDENT OF THE llipC' n
ST. LOUIS, Nov. 1S.-Judge Luke "a folahu' On,|
man of the Committee appointed by CoHs,oS' "'
Spripg to investigate the political conditlon VI
Arkansas arrived in this city to-day from Little
Rock, from which place he departed last nlgn'
for Washington III response to telegram from
the Attorney General requesting bis lnIneui-
ate nresence at the capital. Mr. Ward
the only other member of the committee
who accompanied the Chairman to Little Rock, sun
remains There. The investigations of the Commit
tee are about concluded, Judge Poland says ana
their ipouiries have developed strange anomalies
end ridiculous complications well as legal prob
lens of abstruseness and importance. lhls Com
mittee as is known, was appointed Tor the purpose
of ascertaining if possible, the time, history
of. and facts in relation to the BIooks-Ba&ter
imbrogo and the greater part of the evidence col
lected bears upon that point although it may seem
strange since Baxter and Brooks have both dlsap-
peared from the political arena. Yet the question
now at issue and to be determined 49, when OF INC
two gubernatorial candidates voted for In 1917 was
elected and should have exercised the functions Oh
Chief Executive. ,
Before this matter is reached however. in logical
order comes for settlement the unQuestionabe va
liditv Of the new Constitution This instrument,
Judge Poland explains, was conceived and adopted
in a very irregular manner. The old Constitution
provided for amendments only, and prescribed
method for their adoption which directed
that amendments must be submitted and
voted upon by: the Legislature at two success
sive terms, and approved each time by
the proper majority, before said amendments
sbould become a part of the Constitution. no
power was delegated to the General Assembly OF the
State 70 submit the question to the people, whether
or not they would hold Constitutional Convention
Thus it appears that the action of the Arkansas
LEGISLATURE in the premises without authority
and wholly irregular. parallel case TO this Is
found, Mr. Poland remarks, in The occurrence which
gave rise to the D0rr rebellion IN Rhode Island, over
quarter Of century ago. At that time, hhode
Island still based her legislative enactments on the
original colo NAL charter, granted by the King OF
England which, of course, made DIVISIONS Tor the
calling of Constitutional Convent rs. faction of
the people however, determined TO submit
the question to the popular vote, as to
whether q Constitutional Convention should
be held The majority voted afirnatvely.
and the assemblage convened and prepared an in
strument under which an election was held, and the
Dorr administration elected The right of DoT to
the Goyoruorship was hotly disputed by the iucun-
bent under the colonial charter, the matter was
taken TO the United States Supreme Court, and the
new Constitution declared invalid. DCrr was tried
for treason, convicted and punished by term OF
imprisonment. Thus it appears that the present
State administration Of Arkansas rosts on foEnda
tion not as solid as might be desired.
SMITHS CLAIMS.
The hopes and ambition Of cx-Lieut.- Gov. Smith
and Lis adherents are based upon the supposed ir-
regularity of the adoption Of this Constitution,
itsilegaty and nvaldity. and the consequent ille-
gal exercise of governmental functions by the pres
ent State officials. Baxter, with Lieut.-GOv. Smith
and the whole radical ticket of 1872, elected
for four years less than onehaf of which time they
served when the new election. held under the Con-
sttution this Fa provided their present successors
Baxter, according TO Smiths theory, is quietly
acQucscing in these proceedings, AID tamely yield
ing up his Office to Garland the newy-elected
Govcrnor-virtually rosigncd-thus leaving Smith
the legal occupant of the Executive chair.
In case the new Constitution should be declared
invalid, OF course the present State Government
would no longer continne to exercise the duties at
present incumbent upon it, and the question would
recur to the election of 1872 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 be-
fore the Congressional Committee plainly
indicates this and it is rendered still more probable
in Mr. Polands opinion by the fact that the Democ-
racy voted almost unanimously for Brooks against
Baxter, who was the regular Radical nominee and
was supported By Clayton, Dorsey, and the other
Radical leaders.
The abrupt changes Of front which have so often
ensued in Arkansas politics of late, participated In
by Republicans and Democrats alike indicate the
anomalous condition Of the pnblic pulse In that
State. During the Baxter Brooks troubles of last
Spring we found the Democracy, which had voted
for Brooks, ardently supporting Baxter and those
Republicans who had so persistently advocated
Baxters claims and had elevated him by counting,
Judge Poland thinks, to the highest Office within
their gift, now vehcmently denying his
right TO hold the position. This state of affairs is
traceabe to a rupture between Baxter and the two
Senators, wherein the Governor claimed that an
attempt was being made by the gentlemen referred
tO to debauch the Assembly and corrupt the State
Administration, which wicked designs were frus-
trated by the Executive
THE OUTLOOK
OF the prospects for the early settlement of the
question which at present dsturbs the social COM
mercial, financial, and political condition of Arkan
sas Judge Pollard does not speak in very bopefu,
manner. He regards the issue affecting the validity
of the new Constitution of very grave impor-
tance, and inasnuch il is strictly legal aues-
ton, he gives no opinion whatever respecting it,
The Congressional Committee have, as yet held no
Conference, as it seems almost impossible to get
them together. Mr. Woodford has resigned his seat
in Congress Mr.. Sloss is in Alabama looking after
personal and family affairs of delicate nature :;
Mr.. sayler is at home; Mr.. Ward is in Little