The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-16

49,
termined by the General Assembly, and that pro-
vision OF the law heretofore cited which says that
cided BY the Legislature ana the two decisions Of
the supreme Court afiirming the exclusive juris-
diction Of that body over the subject and the
OF the Circuit Court Is void. void Judgment
binds nobody. Said section 525, under which this
reference to the constitution and other statutes OF
the state and 70, no doubt intended TO apply to
county and other inferior onicers, for which no
takes the State ofncers therein enumerated out OF
the purview Of this section and establishes
cases to which they are parties. The Jurisdiction
o. thus tribunal is exclusive. (Ohio vs. Grisel and
rigues, rs; Pennsylvania. o; Connecticut Va. Bax.
ter Ter, 80; Id, 2oS; Connecticut va Leech, a; Id,
BROOKS CLAIM OF AxAJoRIrY.
Respecting the claim that brooks received Q
majority OF the votes at the election It must be
SaG tnat the President has no way TO verify that
under the circumstances or this case, be- proper
subject for his consideration. Perhaps, II every.
there had been no legal count OF the votes, the
question OF maj0rities might form an element OF
mas been legal count Of the votes. and the trib-
una organized BY the constitution OF the State for
that purpose has declared The election, the Pres.
dent, IN nv Judgment, ought not 10 90 behind that
action to look into the state OF the vote. Frauds
may have been committed to the prejudice OF
where partisan Zeal runs high in which
the victorious party. with more or less OF
there must, however be an end to the controversy
upon the subject. Somebody must be trusted to
count votes ana declare elections. Unconstitu.
tional methods OF flltng O1ces cannot De resOrted
to, because there is some real or imagined unfair
ness about the election. Ambitious and selfish as
about this matter, Tor the people are more inter-
esIed IN the OF the peace than in the
testantS with law and order, is better than the
other with discord and violence. think 1t would
be disastrous to allow the proceedings by which
drawn INTO precedent. There Is not state In
the Union in which they would not produce con-
Met. ana, probably, bloodshed They cannot be
upheld or justified upon any ground, and, in my
opinion, Elisha Baxter should pc recognized as the
lawful Executive OF the State OF Arkansas.
ACTION OF THE SUPREME COURT.
Since the foregoing was written have received
atelegraphlc copy or what purports to be a de-
on e q ss
Auditor OF the State, upon q requisition of
Brooks, drew his warrant on the Treasurer Tor the
Brooks then applied to the Supreme Court for
writ OF mandamus upon the Treasurer, who set
up BY way Of defence that Brooks was not Gov
thereupon the Court say
"The only question that we deem it necessary to
notice L. DID the Circuit Court have jurisdiction to
render the judgment In the case OF Brooks vs..
Baxter We feel some dclicacy about expressing
under the pleadings it has to be passed si
upon incidentally, If not absolutely in de-
termining whether the relator Is entitled to
once, If established at all, is established by the
Judgment OF the Circuit Court Of Pulaski county.
diction or the subject matter, and Its Judgment
appears to be regular and valid Having arrived
at these conclusions, the demurrer is overruled.
ana the writ OF mandamuH must be awarded as
prayed fOr.n
TO show the value OF this decision it Is proper
On the Goth OF April Brooks made a formal APP
plicatiOn TO the President Tor aid to suppress do
Ss nsta was o
Scare and stephenson, IN which they stated that
they recognized Brooks as Governor; and
name Or Fag g' the responasn psnO1 IL the the
above named proceeding for mandamus.
81 DID oe Ss 70 pay the
Brooks as Governor; but the object OF his refusal
evidently was to create such acts as were neces-
cordingly the pleadngs were made up by the
parties, both OF whom were on the same side in
mitted 70 judges Virtually piedaed to give Il the de-
cision wanted; and there, within the military en-
ccam,pmsnt Ct Brooks they nurrled! but with
q decision In pain contraventi0n OF the constltu-
tton and laws Of the State, and In direct conflict
with Two other recent decisions OF the same Court
refrain from comment. More than once the
that Would not hear Argument IN ac Case MADE
up in this way, and q decision obtained under 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 1t does not AFFECT my Judgment as to
the right OF Baxter to the ONCE OF Governor until
1t is otherwise decided upon q contest made by the
Legislature OF the state. On the 18th INST the
General Assembly OF the State was convened In
extra session upon the call OF Baxter,
and both houses passed q joint resou-
stitution OF the United States, calling upon the
President to protect the State against domestic
violence This call exhausts oil the means which
the people OF the State have under the constitution
TO invoke the aid oil the Executive OF the United
States Tor their protection, and there TO be,
tive necessity Tor immediate action.
have the honor to be- with great respect,
GEORGE II. WILLIAMS. Attorney General.
THE EFFECT OF THE DECISION IN WASHINGTON.
The proclamation Of the President In regard to
the civil disturbance In Arkansas meets with I'M.
qualified approval among Senators and Represen-
tatives. Most Of them think his action has been
tardy. The Arkansas Congressional delegation
are not surprised at tie turn matters have taken.
PETTY PoTENTATEs IN ARKANSAS.
Senator Clayton says that with the exception
OF the Secretary Of State none OF the State
officers win recognize Baxter. The Auditor,
Treasurer, Attorney General, Superintend-
ents OF Public Instruction, Of Public Works,
State Lands and Emigration and OF the
Pententlary will not recognize Baxter and, as
the Supreme Court and a majority OF the Circuit
Courts uphold Brooks, the solution OF the difficulty
does not appear to hum to be at hand. This he had