Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-08

| The following dispatch was received
to-day by Representatives Hancock
and Giddings, of Texas, which gives
the progress Of this drama up to this
time:
AUSTIN, Tx, Jan. 5, 1S74.-Hon- d.
G. Giddings and Hon. John Hancock,
Nj. C.'s The Supreme Court of Texas
decided to-day, In the case of ex parte
Roderizero, on habeas corr ds, that the
late general election, at which Demo-
cratic Governor and Legislature were
elected by nearly fifty thousand ma
| jority, was unconstitutional. AT the
same election, an amendment of the
Constitution, it is believed, was adopt
ed, which would relieve the State from
the present Supreme Court.
The counsel for the State urged that
the case was fictitious, and supported
the statements by affidavits, and urged
the court, in behalf of its own dignity,
to inquire into it. This they refused
to do.
The States attorney then informed
the court that the grand Jury had ex-
amined the case, and he and they being
satisfied that it was fictitious, no indict-
ment was found, and united with the
prisoner in asking his discharge.
The court refused to discharge him,
and proceeded to hear case bolstered
I'VE believe) by perjury.
1t was cont6nded by the State at first
that the question of the constitution
atty of an act providing for the cleo
ton of a Legislature was one which
the Legislature could at once deter
mine on. BY the constitution they
were made the exclusive judgesof their
election and qualification.
Second-Thlt the question Of their
election being referred to their judg-
ment by the Constitution, was political
in its character, and one which the
Supreme Court could not determine,
except in subOrdination to the legisla-
tive court. 1t had no power to destroy
the succession in coordinate depart
ment of the Government by constituting
as Illegal the law ON which that success
sion depended.
Third-That they could not in any
event pass on the constitutionality ofthe
act on any ex parte hearing, but, if the
process was regular, must remand the
prisoner for examination before the
officers who issued the warrant.
Fourth-That if the court assumed
jurisdiction, then the act must be con-
strued as constitutional.
The following is the constitutional
clause construed by the court, viz:
"SEC. 6. All elections for State, dis
trict, or county, officers shall be held at
the county seats of the several counties
until otherwise provided by law; and
the polls shall be open for four days,
from eight o'clock A. NJ. until four
O'Clock P. NJ of each day."
The last Legislature multiplied the
places of voting by providing for pre-
cinct elections, and limited the time of
voting to one day, 20 prevent frauds.
This act the Supreme Court cOnstrues
90 be illegal, and thus attempts to de-
stroy the succession on the Legislative
and executive departments. The car
pet-bag officials here claim that Attor-
ney- General Williams has given as
surance of federal support in setting
aside the cause for the people before
the Supreme Court. We advise you
promptly of tie result.
A. W. TERRELL,
WIN. N. WALTON.
No one is liable to prosecution by
reason of an alleged illegal vote cast at
the election, because it was held for one
day only. The opposing political par
ties held State conventions, and select
ed nominees, the Republican party
nominated this same man, j. Davis,
who had approved this election law, as
their candidate for Governor, and he
and all the others on the same ticket
canvassed the State as such candidates
up to the day of election. But being
defeated as before stated by large
majority of $4,000 votes out of about
10000 votes cast in the State, these
defeated candi 1ates pretended to think
the election illegal. The Texas mem
bers believe that they viii not dare to
take this extreme course, unless they
had las they alleged the promise Of
military aid from Washington.
THE LEGISLATURE.
On Tuesday, 18th January, is the
day fixed by law for the assembling of
the Legislature. This body has in the
Senate only five Radicals out Of thirty
members, and in the House only ten
out of ninety members. 1t is known
that they viii meet and proceed to their
usual legislative duties. The belief
here is that the Governor will attempt
to prevent their assemblage, and call
upon the President for the help of the
same bayonets that crushed Louisiana.
The people Of Texas will not submit to
be cheated or bullied outOf their rights,
and the issue viii soon be made wheth-
er the President can set aside an cleo
ton with $4,000 majority at his mere
fiat.
THE ELECTION LAW.
The law under which the recent elec-
ton was held was passed by the Thir-
teenth Legislature of Texas, and was
approved by Gov J. Davis. March 81,
1873. 1t provides that all elections for
Stale, district and county officers shall
be held at the county seat and at each
Justices precinct IN the county at
least, and at such other places as the
county may ulleCI IOf Iue cow enleICt
of the voters, and shall be held for one
day only, from O'Clock A. NJ. to 6 P. NJ.
1t also provides that an election shall
be held on the first Tuesday in Deem
Der, 1873, anc every two years thereaf-
ter, for the election of State, district
and county officers.
THE CONSTI1 UTIONAL AMENDMENTS.
The same Legislature at the same
session OF which 1t passed the same
election law, proposed certain amend
ments to the constitution to be voted
upon at the election in December last.
One of these amendments was il effect
TO reorganize the Supreme Court of the
State, to be constituted of one Chief
Justice and four associate Justices,
there being now but three Judges of
the court, and provided thai terms of
the court sho liG DO held at as many as
three places in the State, they being
now held at but one place. i was
considered that this proposed amend
ment which was ratified by the people
would displaoe the present incum bepts
of the court, # not reappointed by the
Governor by and with the advice and
consent of the Senate.
| THE TEST CASE.
The Democratic candidates for State
| off aaro uybo ran OF +hIo nanap, ba,. a1oa-