The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-05-19

would be disastrous to allow the proceed
ings by which Brooks obtained possession of
the office TO be=drst,n into a precedent.
mere Is not state in, the union in which
ably blsodshed. They cannot be upheld or
justified upon any ground, and in my opin-
ION Baxter should be recognized ~ the law
iui executive OF the State OF Azksnsas.
ADDKNDA. lrrrr 81
since the foregoing was written the attor.
ney general says: have received tele-
graphic copy OF what purports to be the de-
cision Of the Supreme Court OF Arkansas.
delivered on the 9TH inst, from which II sp-
pears thst the auditor OF state. upen TIE
nquisltion OF Brooks, drew his warrant on
the treasurer for the sum OF $1,000.
the payment OF which was refused.
BROOKS then applied to the SUI
preme Court for q writ OF mandamus
defence, that Brooks was not governor Of
the state, to which Brooks demurred and
thereupon the court SAYS 1.-The OF lv oues-
ton that we deem it necessary TO notice is
lHd the Circuit Court have Jurisdiction to
render judgment in tha case of Brooks VS..
Baxterf He feels some delicacy sbout en-
pressing an opinion-upon the question pro-
pounded, but under the pleadinys II has TO be
passed upon incidentally il not absolutely.
In Determining whether the relation is en-
the once, IL established at all, In established
py the judgment of the Circuit Court of Pu-
lssk county. We, are of the opinion that
the Circuit Court had jurisdiction of
the subject matter, and its Judgment
appears to be regular and valid. Hav-
ing arrived at these conclusions, the de-
murrer is overruled and the writ of man.
damus will be awarded as prayed for" To
show the value of this discussion IL is proper
that L should make the following state
ment: On the 10th of April Brooks made a
formal application to the president for aid
70 suppress domestic violence, which was ac-
companied by paper signed by Chief JUS
tice McClune and Justices Searie and Steph-
enson, in which they stated that they recoe-
nized Brooks as governor; and to this paper
also is appended the name of Page, the re-
spondent in the above named proceeding
for mandamus. Page therefore did not
refuse to pay
THE WARRANT OF THE AUDITOR
because he did not recognize Brooks rs gov
ernor, but the object of his refusal evidently
was to create such facts as were necessary to
make case for the Supreme Court. Accord
ingiy pleadings were made up by parties,
Doth OF whom were on the same SIDE and
the issue so made was submitted to Judges
virtually pledged to give the deei-
sion wanted; and there, within the
military encampment of Brooks, they
hurriedly, but with delicacy, as they
say, decided that he was governor reason
in plain contravention of the constitution
and laws Of the state, and In direct conflict
with two other recent decisions Of the same
court deliberately made. refrain from
comment. More than oeee the Supreme
Court Of the United States has decided thar
Is would not hear arguhieht- IN q case
made up in this way, and decision
obtained und6r such circumstances
is not recognized as authority by
any respectable tribunal. No doubt
this decision will add to the complications
and difficulties of the situation but it does
not erect my Judgment as to the right OF
Baxter to the office of governor until it is
otherwise decided upon in a contest made
before the legislature of the state. On the
18th inst the general assembly of state was
call of Baxter rA and 'f botS BO DRS9
passed joint resolution pursuant
20 section 4, article of the constitution of
the United States, calling upon the president
TO protect the state against domestic vio-
nee. This call exhausts all means by which
the people of the state have under the con-
stitution, to invoke the aid of the executive
of United States for their protection, and
there seems to be, under the Giro umstances
OF the case, an imperative necessity for i'm
mediate action.
GRANT PROCLAIMS BANTER
TURBULENT AND DIsoRDERLY PERSONS To
SEEK THEIR ABoDEs-TEN DAYS OF GRACE.
WASHINGTON, ID, c., May l5.-The.follow-
ing is the presidents proclamation relative
to the Arkansas question, which has been
telegraphed to Little Rock for the inborma-
ton of all concerned: aii'
By The President of the United States OF
AnleTicd, a proclamation:
Whereas, Certain turbulent and disorderiy
persons pretending that +. Baxter, the pre-
sent executive of Arkansas was not elected.
have combined together with force and arms
TO resist his authority as such executive and
other authorities of said state. and whereas.
said Baxter has been declared duly elect ed by
the general assembly of said state as provided
in the constitution thereof, and has for a
long period been exercising the functions of
the said Office, into which he was in
Quoted according to the constitution
and laws of the said state, and ought by
its citizens to be considered the. lawfal ex-
eeutive thereof, and whereas it is provided
in the constitution OF the United States, that
the United States shall protect other states
in the Union, on the application of tine leg
isiature or of the executive, when the legis-
lature cannot be convened, against domestic
violence, and whereas, the said Elisha Bax-
ter, under section of article OF the consti-
tuition of the United Ststes, aud the laws
passed in pursuance thereof, has heretofore
made application to me 10 protect the said
state and citizens thereof, against domestic
violence, and whereas the general assembly
of the said state, convened in extra session
in the capital thereof, on the lRth instant
pursuant TO call made by the said Elisha
Baxter, by both houses thereof, has passed
ajoint resolution applying TO me
TO PROTECT 1HE STATE
against domestic violence, and whereas it
is provided in the laws OF the United States,
that in all cases of Instruction TO laws
thereof it shall be lawful for the president
of the United States, on application of the
Legislature of such state, or OF the executive
when the legislature cannot be convened, to
employ such part of the land and naval
forces as shall b judged necessary for the
suppression of such insurreetion, or causing
the laws to be duly executed, and whereas,
il is required that whenever it may be neces-