National Republican. (Washington City (D.C.)) 1872-1888, 1874-05-06

tosubmit the following report, to wit:
First: The returns shall be opened by the pre-.
siding officer OF the Senate, in the presence Of the
members of both Houses, on the 9Th day Of Janu.
airy, A. ID. 1873, at the hour OF $50 O'Clock D. N .
in the hall of the House OF Representatives, and
ateller shall be appointed BY each House to tally
the vote.
Second That when the returns are so opened
and published and the result ascertsned, o Ger.
tt1cate Of election shall be signed by the Presi-
dent pro TEN. Of The Senate and Speaker Of tho
House Of Representatives a; follows:
THAT the certificate, so made out and signed a
aforesaid, shall be Immediately deposited In the
ONCE Of the Secretary of State by the president
pro TEN. of the Senate, and duplicate thereof,
attested by the president pro tenn. OF the Senate
and Speaker of the House of,Representatiyes,
shall be, without delay, transmitted to the Gov.
ernor-elect.
CASA HopaEs,
JAMES ToRRASs,
ORCHARD A. DAWSON,
"Conmfttee on the part Of the Senate.
"JNo. W. Fox,
~. H. JOHNSON,
'W. H. q. REED,
'Commfttse on the part Of the House.
Senator Beldin moved that the report of the
committee be received and adopted: carried"
"JoINT SESSION OF THE SENATE AND HOUSE OF
REPRESENTATIVES.
''nALL OF HOUSE OF REPRESENTATIVES.,
"The President of the Senate called the Joint
session to order, and orded the call Of the roll.
1.-THE secretary Of the Senate called the roll Of
Senators, and the following Senators answered
to their names"
"The clerk of the House called the roll of the
House, and the following members answered to
their names"
"a quorum Of each HCg:s being present, the
"Gentemen Of the General Assembiy: The day
and hour having arrived for counting the returns
for Governor, the secretary OF the Senate will
count out all the votes cast for every person voted
"rh0 seG5etafy of the Senate then read the re
(which we're set down BY the .ellsr,, and when
footed up resulted as follows: Elisha Baxter,
A'7st; Joseph Brooks 50 s7S"
"The presiding officer announced that Elisha
Baxter, having received a greater number of
votes than any other candidate, was duly elected
Governor of the State Of Arkansas, for and
during the term prescribed by the constitution"
Upon being ratified by joint committee, ap.
pointed for that purpose, Hon. Elisha Baxter
then camo in, and was introduced by Senator
TOrraEs.
"Governor Baxter then addressed the Assembly
as follows"
Concluding by saying that 81 am now prepared
"The oath of office was then administered by
Chief Justice Mcclure.
"On motion Of Senator Dawson, the joint Assem-
bly, dissolved"
That this tribunal was the only one authorized
to canvass the vote and determine who was
elected Governor at the election held November
5, 1872, and tho two Houses of the General As
sembly, the only tribunal that can determine the
validity of that election is put beyond dispute by
the decision Of the Supreme Court of that State
in the Of the State Of Arkansas, on the rela-
tIOn OF Joseph Brooks VS.. Elisha Baxter, and
Stephen Wheeler, auditor, VS.. John Whytock,
circuit Judge of Pulaski county, in both of which
cases 1t was held that:
"The solution OF tho question before US depends
upon our own constitution. and upon q fair con-
struction OF that instrument we arc of opinion
that tho right to determine who is the legally
elected Governor OF the State belongs to another
department, and not to the courts; and 1t would
be q useless expenditure Of time to enter on a
treatise on quo t0GrrGHtO its history, modifca-
tiOns, uses, sc.
"Under this constitution the determination Of
the question as to whether person exercising
the Office of Governor has been duly elected or
not, Is vested exclusively In the General Assem-
bly, Of the State; and neither this nor any other
State court has jurisdiction to try suit in rela-
ton to such contest be the mode or form what It
may; whether at the suit Of the attorney general,
or the relation OF claimant through him or by
an individual alone claiming 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. We
to hear and determine writ of quo t0arranio for
the purpose OF rendering a Judgment of custer
against the chief executive Of this State, and the
right to file an Information and issue writ for
that purpose is denied.
an. L. STEPHENSON.
az. ]. SEARLE."
That this disposition of the question was con-
the following order Of the Attorney General Of
that State, - .
estate of Arkansas, county of Pulaski, In the
Circuit Court Of Pulaski county, in vacation,
StEtb or Arkansas; plaintiff, VS.. Elisha Baxter,
aesfehdapt, action e prevent usurpation of the
"Tls supreme Court having decided, in the
matter it6s application Of tho Attorney General
tSi sS1 a. Sss sr ss
action Il law whatever Viii lie against one In in
ofioe ?; G9yernot, when the question sought to
be tried is the regularity and validity of the cleo
tIon Of the incumbent.
THE clerk of the Pulasd Circuit Court is
Therefore hereby ordered and directed forthwith
the above entitled case from the docket Of said
court" at. d. w. YoNLgY,
Attorney General"
THIS was q case brought by Yonley, as Attorney
General, in the name of the State, against Bax.
ter to accomplish exactly what Brooks by his suit
sought to accomplish; and still the Attorney
Suprepe Court to % Just what claim for It,
namely, g remit tie cohtesting parties to the
General Assembly Tor settlement OF their con.
troversy. 3 -
Besides this, the Republican party, speaking
through its properly authority, It's
central Committee, Of which Powell Clayton was
chairman, affirmed this view, and Endorsed, in as
strong language as possible. the fnality of the
determination made by the Supreme Court, and
not only that, Endorsed the RspublicsnIsm And
patriotism OF Governor Baxter, as Will appear BY
an extract Of their proceedings of date October
8, 1873, published In my letter to your paper Of
date April 80, 1878.
A query here suggests ITSELF II the theory Of
Clayton, Dorsey, Brooks & Co., that Brooks was
elected, Is true, then It follows that the Legsls-
ture that elected s. W. Dorsey to the United
Senate was not q legslly-elected Legislature, be-
cause It Is we'll known that large majority Of
that Legislature was Republican and elected on
the same ticket upon which Governor Baxter was
q candidate.
The foregoing is true statement Of facts in the
prsinisel and most of which WIFI appear by refer
ehoe to Part 2, Executive Documents, No. 40,
House of RepresentatIves, present session.
Reepetttpliyi &C., W. W. WILTSHIRE.
AN ENTHUSIASTIC BAXTER MEETING.
Especial to The National Republican,
LITTLE RocK, ARK, May b.-Judge Harrison
presided LOST evening over the largest meeting,
embracns ell classes and all colors, ever held In
Pine Bluff, Jefferson county, the home of Senator
Clayton. The meeting enthusiastically requests
the President to sustain Gov. Baxter, and to pro
tect the Legislature upon Its meeting. Judge
Harrison was formerly judge Of the Supreme
Court, and was candidate for reelection on the
Brooks tickets In 1872. He Is one Of the most do.
voted Republicans In the Stste.
o.. CBy Associated Press.l
LITTLE ROCK, ARK, May ga special to the
Gazette says Q large meeting was held at Pine
Bluff last night, presided over BY W. NJ. Harri.
son. Resolutions were adopted eondemning
Brooks and approving BaIter's course; also, sp.
proving the course Of Gen. H. King White In his
management o lanaIFs In the interest Of Baxter.
GOOD ADVICE.
A large meeting was also held at Helena, com.
posed principally OF colorsd people. Hon. J. T.
White, colored, ex-State Senator, and present
State commissioner Of public works, addressed
the meeting in tho interest Of peace, and advised
those present not to join either Side but to let the