The New York herald., 1874-05-14
THE CONTEST IN WASHINGTON.

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WASHINGTON, May 1a 1874
1t 10 now believed that under the advice OF the
President, the State Legislature will be permitted
by both parties to settle the question: who Is Gov
ernor of Arkansas well-inlormed citizen OF
that State says that there can be no doubt Of the
result-that the Legislature will declare for Bax-
ter, provided the members are not tampered with
in any way by parties concerned in grand railway
and other speculative schemes, whose interests
depend upon Brooks. My informant further declares
that he has reason to beieve that the President,
on the first information OF the coup d'etGt OF
Brooks, would have pronounced for Baxter had
he acted upon his own judgment; but that Gen.
eral Grant, not trusting to his own Judgment as a
lawyer, has been misled by certain
legal advisers around him, whose party
predictions have made them partisans or
Brooks, that upon Its merits the OF Baxter is
clear, that having been onicialy declared the
elected Governor or Arkansas, ana having been
recognized by all parties Governor in the actual
exercise OF the duties OF the ONCE Tor more than
year, the seizure OF the State House by Brooks.
with all his pretences Of judicial authority. was
simply revolutionary coup Tetat without any
constitutional justification whatever.
THE ONLY TRUE COURSE.
The NEW YORK HERALD. says my informant hav-
ing all the facts in this controversy, has given
correct Judgment upon the law and the testimony
in the opinion that Baxter is the Governor of
Arkansas and that Brooks has no case and II the
interests and intrtgues Of the republican carpet
baggers. spoilsmen and SPECTATORS had been
thrown out here at Washington, Brooks would
not have remained over . day In pos
session OF the State House. the occu-
patton by force OF particular building
gives the party seizng 1t the once connected with
a nf maj nr Iouo mas urAa ~
the night dispossess the President Of his ONCE on
taxing possession OF the White House. On the
other hand, II the Governor OF Arkansas Is In
stalled In his oice as the choice OF the people and
under the requirements OF the constitution, he Is
the Governor OF Arkansas, even II driven out OF
the State by q hostile party, whatever the pre-
tences underewhich the outrage s committed.
This whole matter, however, is but another Illus
tration OF the old fable OF your bull and my OK.
Baxter was all right as Governor so long as ne was
considered plant instrument In the hands OF q
certain republican clique; but when 1t was discov-
cred that he was not this plant instrument this
clique entered into league with Brooks, and
hence thus coup detat against Baxter.
POWERS OF THE LEGISLATURE.
"But SUPPOSE" inquired OF my friend from
Arkansas, "the Brooks members Of the Legislature
refuse even to respect his call ami you fail In rails
ing legislative quorum, what thenf"
"Why, then the legislators assembled can COM
pei the attendance Of absentees by hunting them
up and bringing them In. Otherwise State Leg
islature might be practically abolished for the
time being by q iacttOus majority or minority.
But the constitution Of no State leaves o loop
hole for such revolutionary proceeding. The
fundamental idea of our whole political system
is such constitutional safeguards as Will main
tain the will and the accepted officers OF the
people from one election to the next election for
the ofnces concerned. In Arkansas the Legis-
lature, in default Of the recognition Of the Gov
ernor by the President, is the proper tribunal for
the settlement OF the dispute, and Baxter will
doubtless be sustained by the Legislature and re-
established as Governor.
JUDGE wILrsHIRE's VIEW OF THE LEGAL CONTEST.
Judge ". W. wiltshire, member OF Congress from
Arkansas, states that the Supreme Court Of
Arkansas. under the constitution, is composed of
one Chief Justice, to be appointed by the Governor
by and with the advice and consent of the Senate,
and four Associate Justices, to be elected by the
people; and there is no provision in the consritu-
tion for less number than the whole holding
Court, 80 that four Judges cannot constitute the
Supreme Court. Any action Of less than lve
Judges holding the Court would be void The
courts cannot now meet at Little Rock, because
Governor Baxter has declared martial law In the
county OF which that city is the county seat. He
was duly declared elected BY competent authority
as Governor, and was regularly installed as such
and performed the functions thereof and
was recognized by every department Of the
general government and both houses OF Congress,
ana was and now is unquesrionably the Governor,
and was so declared by the Supreme Court IN the
case directly between M. Brooks In fact and
Baxter, involving that question; which decision Is
ma, and the law OF that case And no action OF
rho sunreme Court between the same parties for
the an me purpose can be mad to reverse or over
rule it and he must be regarded as the Governor
nv the authorities here. Hence his proclamation
or martial law must have the e1ect to suspend oil
civil authority.
The enort to get meeting ofthe Supreme Court,
taken In connection with the published kilograms
of Chief Justice McCue, Judges Searle and Steph-
eusou. the last two OF whom concurred In the
onnion OF the Supreme Court holding that no court
or the state could take cognzance Of contest for
the once or Governor, to say the least OF it,
looks as II they had joined in the general con-
spiracy to oust Baxter, whom they helped to elect,
and who, they declared, could not be disturbed as
Governor by the state Courts.
am advisedaby private despatcnes from Little
Rock tonight that an erort will be made to have
that Court make some ruling to AFFECT their former
ruling in the Brooks-Baxter case II such thing ID
possible, for the purpose Of producing an erect on
the President, and prevent him from recognizing
Governor Baxter. / regard the whole effort on the
part OF Brooks and those cooperating with him as
most outrageous, and without parallel In the
history Of this country. II the Supreme Court
could be legally held 1t would, by the Judges pres
ont be held within the military harricade OF