Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-19
DELAYED TELEGEANs.

ucnl LIS written OPINION AZ 80
Guberpatorial dispute, in which De hhus
that Baxter is. according TO the Organic
and statutory laws of Arkansas, the iegai
Governor. and that Brooks has no cialin
to the office. The Attorney General re-
views the history of the case, as already
published and familiar to the pubic De,
ginning with the election and bfooAs
claim of having received majority OF
votes; the action Of the Legislature IN
the case; the application OF BROOKS TO
the Supreme Court for a wflt OF q1o
l1Grrdnt0, and the decision oil that pocy
that they had no jurisdiction IN the case
and, finally. the suit brought by BROOKS
in the Pulaski county Circuit Court, ana
the Judgment OF custer rendered py thal
Court, with the subsequent proceedings
by Bakers attorneys, and the iorcioie
Selling Of the Governor once py
Brooks, are all reviewed. The Attorney
General then saws, that when the fresi.
dent is called upon by the Executive OF
the State to protect him against domestic
violence, it appears TO be his duty 10 give
the required aid; but when two persons,
each claiming to be the Governor, make
such n call, the President must deter.
mine which is the constitutional
Governor, and in this case the
Constitution OF Arkansas is decisive
on the question; and that the Con
stitution makes the General Assembly
of the State the tribunal to settle cleo
ton matters. The Constitution con.
verts the Legislature into q judicial
body, and its judgment is final and
conclusive, as is the Judgment OF the
Supreme Court of any State on any mat
tiers within its jurisdiction. The Attor-
ney General cites the case OF berry, can
didate for State Auditor on BROOKS
ticket against Wheeler, his competitor,
who was declared elected by the Legisla-
ture, as exactly similar case done
Brooks against Baxter. Berry brought
suit in the Pulaski County Circuit Court
to recover the Office. Wheeler applied
to the Supreme Court for writ of pro-
hibition forbidding the Circuit Court to
proceed, on the ground of want of Jurls-
diction. The supreme Court granted the
writ, and the Attorney General says, that
under these circumstances, the recent
decision of the Pulaski Circuit Court is
not only surprising, but presents most
reprehensible case of Judicial insubordl-
nation, and the Judgment rendered in
favor of Brooks is absolutely void. In
regard to Brooks claim of receiving q
majority Of votes, the President has nc
way to verify that claim; and if he had,
be had no right to go behind the action
of the Legislature in declaring such vote,
as that body was regularly organized
and competent tribunal. The opinion
concludes as follows; 1t would be dis
astrous to allow the proceedings by which
Brooks obtained possession of the office
to be drawn into precedent, as there is
not State in the Union in which they
would not produce a conflict and proba
bly, bloodshed. They cannot be upheld
or justified upon any ground, and in my
opinion, Baxter should be recognized as
the lawful Executive of the State of Ar.
kansas.
The President has issued Q
PROCLAMATION
Which was telegraphed to Little Rock
for the information of all concerned. TIT
proclamation sets forth that certain dis
orderly and turbulent persons have com
bined together to resist with force o
arms, the authority Of Baxter as Govern
or of Arkansas, and that Baxter has bee
declared duly elected by the Legislature
the only competent tribunal; that b
has, in accordance with the Constitutio
of the United States, called on the Pre-
ident to protect the State from domesti
/ tG1a arxI lat IN, Of
General Assembly convened by Baxt'
having also made similar request of Il
President, and the President, being a,
thorized by the Constitution and laws
the United States to render such assis
ance when asked in such cases, and con
mand the dispersion of such insurgent
the President, therefore, now issues hi
proclamation commanding all turbulel
and disorderly persons to dispense al
retire peaceably to their respective HON,
within ten days, and hereafter subnl
themselves to the laws and authority
the Executive and other constitution
authorities OF the State.
ELKo, New, May 15.-The snow sho
worn by Deputy Sheriff Ellis, who pc
ished in the snow about the middle
February last, were found yesterday
Luther Dorsey, while driving stock,
miles northwest of here. To-day par
consisting of forty persons went
search of his remains, and this afternoC
about 0 clock, found his body under I
overhanging rock, where he had campo
Some four or five camps were foun
showing clearly that he had wander,
about four or i've days. The renal
will be brought in tomorrow and buri
by the Masonic fraternity.
This morning some emigrants stopp
here with q sick child. Medical aid W
summoned and the case decided to
smallpox in virulent form.
SAN FRANCIsco, May 15.-Philip Fal
President of the Page & Panaca Mimi
Company, was arrested to-day on t
complaint Of George Sharpe, accusil
him Of having embezzled the money
, company. His bail was fixed at 81 ,OC
The treasure shipments by the Vas
de Cana to-day aggregated 1928, 272.
Mr.. Creighton, mate of the steamer
Q NJ. Whipple, was caught between the We
c sci S hawser and some part of the be
| th' NAboDCb w uChtAs
LINCOLN, CAL, May 10 The farmt
OF this vicinity were duly organized in
: a Grange by D. Manlove, who came he
a for this especial purpose. The Gran
, is started with twenty-four charter me-
4 bers and has for its officers a number
1 the most prominent and influential CT
e zens of this section.
l GEORGETOWN, May IA rich stri
!, was made in the International mine, ne
: Greenwood, to-day. The whole width
n of the ledge seems 10 be almost so
). gold.
q lREKA, Nay 14.-Advices from Mod
county of the 7th indicate the election
the Independent ticket.
n 1t is stated that so per cent. Of {
y sheep and 60 per cent. Of the cattle
: Big Valley are dead.
Louis Lacroix died suddenly at F,
Jones yesterday from poison by tos
stools which got into some green's he h
eaten.
VICTORIA, May 13.-The steamer Ca
q fornia sailed last hight with 300 p
y sengers, some stock and a lot Of freigl
J. for Cassair. The steamer Otter follow
this morning with about 200 passenge
6 The steamer Isabel, with about eigf