Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-04-19
Try HAIL
BROOKS VS.. BAXTER.


BROOKS VS.. BAXTER.
From the Little Rock Gazette.l
The only question which the circuit
court passed upon yesterday, in the case
of Brooks as. Baxter, was whether the
courts have Jurisdiction of suits to deter
mine the result of an election, when the
votes had been officially counted and the
result proclaimed by the legislature in
accordance with law. The question had
been recently tried and decided twice by
the supreme court, in cases growing out
Of this election: Once in proceedingby by
quo lCaraT1tO instituted against Baxter by
the attorney general, and once in a suit
by Berry, who claimed to be elected au-
ditor, against Wheeler, who was declared
elected on the same ticket with Baxter,
at the same election. In both cases the
supreme court decided that the courts
had no jurisdiction to reverse or re-ex-
anime the legislative count. Thepresent
suit was brought by Brooks against Bsx-
ter previous to said decisions, and after
Judge Whytock's decision was reversed
in the supreme court, in the Wheeler
Berry case, upon this very point, it was
supposed to be settled against the juris-
diction of the circuit court. The two
suits were brought at the same time;
one decided on demurrer, the case ap-
pealed, reversed and dismissed. The
circuit judge, however, in this case re-
fused to recognize the decision of the
supreme court, in the Berry case, and
in the absence, as we are informed, of
Governor BaXter's counsel, oVerruled
the demurrer in his case too. The
proper judgment, even if disregarding
the decision of the supreme court on
the question Of jurisdiction, would have
been to overrule the demurrer 1. G. sus-
tain the jurisdiction and require the de-
fendant, the governor, to answer the al
legations of the complaint; that is, if it
was decided the court had jurisdiction of
the subject matter in controversy, the
| defendant should have had an opportu-
nifty to traverse the allegations of the
complaint; and if he denied their truth,
the evidence should have been produced,
| and the facts passed upon. But in this
case the defendant and his counsel had
no knowledge of the Overruling Of the
demurrer. No opportunity to plead
| over. They did not know the demurrer
had been submitted, as we have been in
formed. One of his counsel was at home
sick; the other had been sick for
some days, but was yesterday engaged
u
understand that the case on demurrer
was submitted several DAYS ago by Mr..
| Whipple as counsel for plaintiff in the
absence of the defendants counsel, and
that the first information they had IF
the fact was the rumOr in town that the
case had been decided, and judgment
entered and executed. The demurrer
was sustained yesterday, a final judg-
ment entered, writ issued and executed,
all within few minutes. With due re-
spect we suggest that the judgment by
the circuit court amounts to no more
than blank paper. The attempt of Mr..
Brooks TO assume control of the State
government will be pronounced high
handed usurpation, and will meet with
the almost unanimous condemnation of
the bar and the good people of this
State.
PUBLIC SENTIMENT THROUGHOUT THE
STATE.
From the Little Rock Gazette of Saturday.
The following are a few among the
hundreds Of telegTams received by Gov
past day or two:
FROM BATESVILLE.
To Governor Elisha Baxter:
BATEsvILLE, April 16.-If you need
men to support you, we are all ready.
W. Z. Manifold.
FROM HELENA.
To Governor Elisha Baxter:
HELENA, April 16.-We are with you
always. Command us when necessary.
DAILY INDEPENDENT.
To J. n. smithee:
HELENA, April 16.-Almost everyone
for Baxter here. The excitement is very
high. People are crazy for news. Keep
us posted. EDS. INDEPENDENT.
To E. d. Boyd:
HELENA, April 17.-Nearly every
man for Baxter. G. A. oTEY.
FROM AUGUSTA.
To General R. c. Newton:
AUGUSTA, April 16.-What is our du-
ty? We are ready to respond.
l.. II. RAAISAUR,
A. c. PICKETT.
J. T. IRRELEVANT.
FROM PINE BLUFF.
To Governor Baxter;
PINE BLUFF, April 16.-Baxter's
friends are all alive and ready for action.
n.
To Governor Elisha Baxter:
PINE BLUFF, April l6.-Old Jefferson
all right. Will furnish one thousand
men, If necessary TO reinstate you.
h. X. WHITE,
FRED. DAVIS,
4. j. WHEAT,
ID. y. ROBINSON.
To Governor Baxter:
PINE BLUFF, April 16.-The people of
Jefferson county are with you and ready
to act. What shall we do?
VI MGEHEE,
J. NJ. HOLCOMBE.
To Governor Elisha Baxter:
PINE BLUFF, April live are COM
ing, Father Elisha, with few hundred
more. IRA NJ L. BARTON.
FROM HOPE.
Msjor-GeneraI r. G. Newton:
Hope, April 16.-Will be with you at
the earliest possible moment. All for
Baxter. D. W. JONES.
FROM JACKsoNPoRT.
To Governor Baxter:
JACKsoNPoRT, April l6.-DO you want
any assistance in the way of men and
arms? r. NJ. DAVIS.
FROM MARIANNA.
To General r. Q. Newton:
MARIANA, April III am at your
service at short warning. What will
you have me do? J. F. CHAFFIN.
FROM CONwA1 COUNTY.
The citizens of Conway county met
at LewisDurg on Friday, and passed
resolutions rendering to Governor Baxter
the use of all the men he desires.
FROM WASHINGTON.
The counsel of Governor Baxter at
Washington telegraphed him as follows
at late hour last night:
The attorney-general has said to Brooks
that he is not governor. II you can put down
the rebellion pay no attention to Whytock's
Judgment. It is conceded that you have the
legal right TO use all the force of the State and
recapture the statehouse and all the official
records at all hazards. The federal troops have
no right TO keep the peace by preventing you
from asserting your rights as governor.
RESOLUTIONS BY THE BAR OF LITTLE
ROCK.
At meeting of the Little Rock bar,
held at the Office of A. H. Garland,
Esq, the following resolutions were
adopted and signed as follows:
Resolyed, That Il is the delIhrate senseof the
members OF the Little Rock bar here signing.
that the late act of the clrcalt court OF PO-
laski county, in rendering Judgment IN this
cnaa 81 IrlIsl<s -. Baxter 4 h time when t1,a
<ff eff 81 ss,t tftcts nt 9. ttlot When e