Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-05-08
ARKANSAS.
An Incomplete Supreme Court
Reverses Its Decision,
Sustaining the Circuit Judge who
Ousted Baxter. -
The New Decision Compared
with the Old.
what WIN the Legislature Do
Both Military Camps More Ac-
tive. @

LITTLE Rock, Ark, May -Four OF
the five Judges of the Supreme Court met
inside Of Brooks line this morning and de-
livered the following opinion on the rela-
tion of Joseph Brooks VS.. Henry Page,
State Treasurer, on application for man
damus. The opinion is by Chief Justice
Mcclure: -
From the evidence, it apperrs that the re-
lator, Joseph Brooks, styling himself Gov
ernor of Arkansas, made a requisition for
one thousand dollars ON the appropriation
made flor certain purposes by the last
legislature and the Auditor, in ODE
dience TO said requisition, drew his warrant
on the Treasurer for the amonnt specified
therein, and thai said Treasurer refused to
pay said warrant or issue the Treasurer's
certificates therefor. ~
In response to the prayer Of the petition,
the Treasurer admits his refusal 10 pay
said warrant, and submits that he is not
bound TO dc so, because Elisha Baxter was
declared duly elected Governor; that he
took the oath Of Office, etc, and that in fact
said Baxter is the Governor of the State OF
Arkansas, and not the relator, Joseph
Brooks.
To the response the relator files a repli-
cation, alleging that by the judgment Of
the Circuit Court of Pulaski county, he
was adjudged the Office Of Governor; that
he took the oath of Office, etc, and entered
upon the discharge Of the duties thereof,
etc.
To the replication demurrer is filed, the
grounds being that said judgment is not
sufficient in law to maintain an action.
The only question that we deem it neeeS-
sary to notice Is, did the Circuit Court have
jurisdiction to render the judgment in the
case of Brooks VS.. Baxter. We feel some
delicacy about expressing an opinion upon
the question prOpounded, but under the
pleadings it has to be passed upon, inc-
dentally, if not absolutely. In determining
whether the relator is entitled to the relief
asked for, his right 10 the Office, if estab-
lished at all, is established by the Circuit
Court Of Pulaski county. We are Of opin-
ion that the Circuit Court had jurisdiction
of the subject matter, and its Judgment ap-
pears to be regular and valid. Having ar
rived al these conclusions, the demnner is
overTuled, and the writ of mandamus viii
be awarded as prayed for.
JOHN NJ. MCCLURE,
Chief Justice.
JNo. L. BENNETT,
Z. j. SEARLE,
NJ. l.. STEPHENSON,
Associate Justices.
No lawyers were present except those
who remain inside of the camp at the State
house.
Tae Decision Seven Months Ago.
On the 9Th of October last, when a full
bench was present, the court had the same
question up and decided as follows;
Under the Constitution the determina-
tion of the question as to whether person
exercising the office of Governor has been
duly elected or not, is vested exclusively in
the General Assembly of the State, and
neither this or any other State court has
jurisdiction to try suit in relation to such
contest, be the mode or form what it may,
whether at the suit Of the Attorney Gene
raj or on relation of the claimant through
him, or by an individual alone claiming a
right to the Office. Such issue should be
made before the General Assembly. Ii is
their duty to decide, and no other tribunal
can determine that question.
l.. GREGG,
NJ. l.. STEPHENSON,
r J. SEARTE