Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1874-05-16
THE PRESIDENTS PROCLAMATION
To THE ARKANSAS BELLic-

,u.dancc OF the Arkansas beliigerents.
1 sets forth that certain dlssrderly
md turbulent persons have combined
ogether to resist with force OF arms
he authority Of Baxter as Governor
4 Arkansas; that Baxter has been
declared duly elected BY tho Legis-
ature, tho only competent tribunal ;
hat he has, In accordance with the
Constitution Of the United States,call-
ID on the President to protect the
state FROM domestic violence ; that
both Houses Of tho General Assembly
convened BY Baxter have also made a
request Of the President, and
tho President being authorized BY
the Constitution and laws Of the United
to render the assistance asked
In such cases and command the dis
perslon Of such insurgents, now there
fore, issuss bis proclamation csm-
msnding all turbulent aud disordsrly
persons to dlspsrse aud retire peace
ably to their respective homes within
ten days and to hereafter submit them
selves to tho laws aud authority OF the
Excessive and other constitutional
authorities Of the State.
This proclamation Is based upon an
opinion Of United States Attorney
General Williams. to whom the matter
was submitted. The facts la the case
are about as follows: In the election
Of 1872 Baxter and Brooks were can
dijates for Governor OF Arkansas.
There WAS a dispute between these
two and several Others upon the oP-
posing State tickets as to who was ell
ec,ied. The Legislature before whom
the matter came up, declared Baxter
and several Others upon his ticket en-
titled to their offices. This did
not settle the matter, however,
for Brooks then made appllca-
ton to the Supreme Court.of the State
for = writ Of quo %,edyrdnto, directed to
Baxter. The Supreme Court render
I'd 4 decision to tho effect that 1t had
no jurisdiction In the matter. and
therefore could not grant the applica-
ton. Anerward Brooks brought suit
for the Office In tho Pulaski County
Circuit Court, which gave judgment
OF custer In his favor and against Bax-
ter, and issued q writ, armed with
which Brooks entered the State-tsuse.
dispouessed Baxter aud has since re.
tanned possession thereof. The opin-
ions OF the State Supreme Court In this
case seem somewhat contradictory.
Its first decision Was that 1t had nc
Jurisdiction. This ground was again
taken In tho case Of one Berry. can
didate for Auditor on the Brooks
ticket. who brought suit In tho Pulaski
Circuit Court against Wheeler, hi.
competitor on the Baxter ticket, for
possession OF the tho Office. The lat
ter, after the suit was brought by Ber-
~, applied to the Supreme Court fort
wri, OF prohibition forbiddlng the Cir
cult Court to proceed, on the ground
OF wan. Of Jurisdiction. This writ the
supreme Court granted. Yet In the
face Of these decisions Of the higher
Court the Circuit Court entertained
and decided Brooks case. which was
identical In principle. This the Attor-
ney General considers "a most repre-
hensibls a OF judicial i~nsubordina-
tion." But tho Supreme Court lafter
two Of its members had been abducted
or captured by the Bakeries when on
their way to hold Court sssms to have
come to a different csnclusion, for a
few days since, on It's assembling.
Brooks made application thereto for a
mandamus TO compel the State Treas
ur,r to paya warrant drawn by Brooks
In his swn favor, as Governor, aud the
Court granted the application and Or
dered the writ to Issue. Thereby incl
d,ntallv. N not directly. recognizing
Brook, "a Governor. and reversing Il.
own decision on the question Of juris-
dlctlon.
A, TO the merit, Of the two contest
apt.. the general opinion seems to be
that Brooks wa, elected by between
three and four thousand majority, and
that the Legislature In assigning Bax-
ter to the Office, either acted Ignsraut.
ly or under the Influence Of partisan
prejudice. The Attorney General
says In reference to the matter, that
whether or not Brooks claim to q ma
jority Of votes be correct. tho Presi.
dent has no way to verify IL. and II he
hlt.l Al.