The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-29

OF the Union. and a. against any other set of men
than the
DESPERATE CABAL
uominally headed py Mr.. Brooks, who, determined
TO rule or ruin, were placing themselves with
their sole stock in trade OF an alleged election
frand long gone BY at the disposal OF every disap
pointed politician-anywhere but here ana as
against any men bat these should have been Sc
cure in my seat and the industry OF the State
might have proceeded undisturbed by these cease
less agltators. 1t was not So
rRE ACTION OF THE ATTORNEY GENERAL
At the instance OF the Chief Justice, Mr. Attorney
General Yoniey applied Tor leave to le an informa-
ton In the nature OF quo ,ca,ramo on behalf OF
the State to determine the validity Of my claims
as against those OF Mr.. Brooks. This proceeding
had before the Supreme Court OF the state, the
highest Judicai tribunal known to our constitution.
and which sits only in full bench. appeared by
attorney. After full hearing and elaboration 1t
was held, Chief Justice Mcclure alone Of
the ave judges dissenting, that under
the constitution the determination OF the ques-
OF Governor has duly been elected or not is vested
exclusively In the General Assembly OF the State,
and neither the Supreme nor any other state
Court has jurisdiction to try suit In relation to
whether at the suit OF the Attorney General or on
relation Of claimant through him, or by an indivi.
dual alone claiming right to the ofice Such issue
should be made before the General Assembly. 1t is
determine that question. do not know how else
the question could have been decided. since the
constitution, article SIXTH section nineteen, thus
provides
The returns OF every election for Governor, Lieu
tenant Governor, Secretary Of State, Treasurer,
Auditor, Attorney General and superintendent OF
Public Instruction, shall be sealed up and transmit
ted TO the seat Of government by the returning
oicers, and directed to the presiding ofcer OF the
Senate. who, during the 1rst week OF the session,
shall open and publish the in the presence Of
the members then assembled. The person having
the highest number Of votes shall be declared
elected; but two or more shah have the highest
and equal number Of votes for the same ONCE one
OF them shall be chosen by Joint vote OF both
houses.
Contested elections shah likewise be determined
by both houses of the General Assembly in such
manner as Ii or may hereafter be prescribed BY
Law.
ACTION or THE REPUBLICAN COMMITTEE.
A suit entered BY the Attorney General under
the provisions Of the code OF practice in the Cir
cult Court OF Pulaski county was upon his motion,
promptly dismissed. The Republican State Gen.
tral Committee under the chairmanship Of Sen.
ator Powell Clayton, issued an address recitinc
with satisfaction the decision OF the Supreme
Court, and continuing In the following Ian
guage;--
Now, at last, we can congratulate the people OF
the State upon the undouDted termination of this
gubernatorial warfare The Legislature has acted
In the premises. Its decision is fnal and Gov
ernor Baxter's tenure Of ONCE he holds is
fixed and irrevocable. The action Of the Supreme
Court and the Legislature settles all vexed Ques-
lions calculated to disturb the peace OF the
state, ana Governor Baxter rejecting the policy
OF the republican party, TO secure peace quiet
and order, seized upon this the nrst opportu
nifty presented since the organization o.
the State government to muster out the entire
militia force Of the State. No well disposed citizen
wAasever his political faith may be, can fail to in.
dOrse and commend this action OF the Governor.
It attests the good faith and high purposes OF the
republican party on all questions Affecting the In
terests OF the people, and as an earnest OF the
efforts that Governor Baxter and the republican
party are making to bring the State Of ARKANSAS
as high condition or peace law ana order as IL
enjoyed by the most favored State In the Union.
received from Senators Clayton and Dorsey
such dispatches as these
DISPATCHES FROM CLAYTON AND CO.
NEW YORK, June 8. 1873.
His Excellency ELISHA BAxTER:-
quo tcGrrdnto proceedings against you have
been inaugurated without my knowledge or ap-
proval, and are, in my opinion, unwise and highly
detrimental to the interest OF the State. My judQ-
ment did not approve your late action, because
did not believe that such q move was seriously
contemplated, and, even II contemplated, l re-
garded the calling out OF the militia as prema
ture. Nor would I now advise any show
OF force unless forcible attempt should be made
to GUST you. believe you are the legitimate Gov
ernor OF Arkansas; and, as much as ] regret tO
see our State disgraced abroad BY distractions al
home. hope you will stand firm, regardless Of re
Suits POWELL CLAYTON.
NEW fOKk, June =, 1874
To Governor ELISHA BAxTER:-
You have the unqualified support Of myself and
friends. The revolutionary proceedings instituted
will not be sustained BY the people.
s. w. DORSEY.
Again had reasons to suppose that the State
government was secure and that the agitation
had ceased. Again was to be disappointed. Tc
people OF States where the judiciary has not We,
become the plaything OF politics the iacts which
am about to recite may appear Incredible
The opinion OF the Supreme Cour,
In the quo D0rTanto case. though YER
bally rendered IN full Court, reduced to
writing and signed by majority of the judges,
had, 1t seems not been placed on dle. 1t was re.
tSsled inside the pocket Of Hon. Marshall L.
Stephenson, Associate Justice of the supreme
rourt of tha qtUnprc of tho dacieion for ,vho