New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-07
POLITICAL COMPLICATIONS IN TEXAS.

ELECTION DECIAkED ANNONoAi''''N'''''
BY TIE STATE SUPREME COURT-REMAkKAbIE
GROUND HELD BY THE CoURr-AssuKANCEs OF
FEDERAL AID CLAIMED TO HAVE BEEN RECEIVED
IRON ATTORNEY GENERAL WILLIAMS IN SETTING
ASIDE TIE ELECroN-THREAIs OF ktsIsiANVE
AGAINST FEDERAL INTERFERENCE.
Icy TELEGRAPH THE rRIBUNEl
WASHINGTON Jan. 6.-Messers. Glddnes ano
Hancock. from Texas, received dispatch from
Austin this morning announcing the decision OF ihe
Supreme Court of the State, that the late e!ecuoh
there was unconstitutional The Roderiguez case
WA made UP by the Republicans for the purpose OF
getting decision from the Supreme Court on TINS
question The defendant, Mexican was requested
20 vote twice, was arrested and thls case
was carried TO the Supreme Court Oh ali Application
for q writ of habeas corpus. The Court hello the
remarkable ground that the consut1uonahty
Of the Election lawsi under which the defendant
was arrested could not be called IN question before
violation of it had been established, and there
fore first went into an investigation CT tins question
and decided in the affirmative. Having found a
crime to have been committed, the court then pro
ceedod to consider whether there was any law to be
violated and this is the question that has now been
determined The following is a copy OF the dispatch
AUSTIN, Texas, Jan. 6.-The Supreme Court of Texas
decided to-day the OF pdr Rodriguez on hapeas
corpus that late general election, at which Demo
Governor and Legis stature were chosen by nearly
1900 majority, unconstitutional. At the same
elcuon amendment Of the 'Cus;sI, ~ ~ 's 1cH"Ted
was adopted winch would relieve the stale
from the present Supreme Court The counsel
for the State argued that the case was fictitious
supporting the statement by afdavits and urged the
Court in behalf OF its dignity 10 inquire INTO tins
allegation. This they refused TO do. The states Al
torney then informed Court that the Grand Jury
lad exatnned the case and he and they being satisfied
that IT fictitious, no indictment was loubd' anu
united with tho prisoner in asking ms discharge The
Court refused discharge HIN and proceeded 20 he
ease bolscred we believe by perjury IT was ecutended
by the State;
First That the ouestion OF the oODsttutonatv OF al
oct providing for the election Of Legislature was Ont
which the Legislature could at once determine on by
the Constitution; they made the exclusive judges
Of their election and qualifications.
Second: That the question OF their election beng re-
ferrod TO their Judgment by the Constitution was poht
cal in It's character, which the Supreme Court
could determine, except In subordination 10 inc
Legislative Court 1t had power to destroy the sue
cession in coordinate department by cOnstruIng a.
illegal the law on which that succession depended
fhtrd That they could not, in any event pass on the
constGonality Of the act on part hearing but
the process regular must remand the prisoner for
examination before the officer who Issued the warrant
Fourth: That n the Court assumed jurisdiction, then
the act must ne construed constitutional
The following is the Constitution as construed by
the Court. VIZ:
SECTION G. All elections for all state. district ana
county officers shall be held at the county eeat OF tbe
several counties, until otherwise provided by law aud
the polls shall be for days, from O'clock
until O'Clock p. m. of each day.
The last Legislature multiplied the places Of voting by
providing for precincts elected and limited the time of
voting TO day prevent frauds This act the Su-
preme Court CONSTITUTES be Illegal and thus attempts
70 destroy the the Legislature and Execu
tive Department The carpet-bag officials clam that
Attorney General Williams has gwen assurances OF
Federal support In setting aside the late election We
argued the cause for the people before the Supreme
Court and advise you promptly OF the result
A. M TERRELL,
Wa. WALTON.
Democratic members of Congress from Texas say
tnat IN spite of this decision, the Democratic officers
lately chosen will be inaugurated and that if the
United States authorities interfere they Will need
more that 5000 troops to overturn the government
elected hv tba