The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-08
CAPTURE OF A RAILWAY TRAIN.
The Garrisoned State House Barri-
caded and Loopholed.
PICKET FIRING DURING THE DAY.
The Work Of Drilling and Intrenohin(
Going Forward
The State Supreme Court Decides
for Brooks.

tor BROOKS.
The Argument Of Brooks Submitted at
sassan Washington. i
LITTLE Rock, Ark, May I, 1874.
Tho Supreme Court met at the court room, in.
the State House, at halfpast twelve this morn
ing, Chief Justice Mcclure. Justices Sesrls, Ben
nett ana Stephenson on the bench.
Snerir Oliver opened the Court pursuant to ad-l
journment. the Chief Justice read the following
opinion for himself and associates:-
OPINION OF THE COURT.
STATE OF ARKANsAs-In the Relation OF Joseph
Brooks vs.. Henry Page. Treasurer, being an ap-
pllcattOn for mandamus. Mcclure, Chief Justice.
The twelfth section, chapter 1884, Goud's Digest,
reads as folows:-"For the purpose OF carrying
into effect the object and direction OF the section
last preceding the sum OF $4,000 shall be and the
same Is hereby appropriated and placed AZ the
disposal OF the Governor, TO be drawn from the
Treasury, under warrants from the Auditor, to be
issued on requistion Of the Governor, for the pur-
poses specified In the preceding section and for no
other purpose.n
The eleventh section here referred to In our
opinion makes 1t the duty Of the Governor when
necessary to call out the militia for the purpose Of
enforcing obedience to the laws OF the State. From
the pleadmgs It appears that the relator, Joseph
Brooks styling himself Governor, made q requi-
sition for $1,000 on an appropriation made
by the twelfth section OF the act referred to,
and that tho Auditor, in obedience to said requisi
ton, drew his warrant on the Treasurer for the
amount specified therein, and that said Treasurer
4 ,aoAt 20 H0v mt IN nsrn
urer's certificate therefor. fNA
/ In response 20 the prayer OF the petitioner the
Treasurer admits his refusal to pay said warrant,
and submits he 10 not bound to do 80 because
Elisha Baxter was declared duly elected Governor;
that he took the oath OF once, and that, In fact
said Baxter ID Governor Of the stare OF Arkansas,
and not the relator, Joseph Brooks. IN response
the relator nles replication. alleging that by
Judgment Of the Circuit court OF Pulaski county
he was adJudged the once OF Governor; that he
took the oath Of once, &C., and entered upon the
discharge OF the duties thereof To the replication
Q demurrer ID nled the grounds being that said
Judgment IL not sufncient in law to maintain the
action.
The only question that we deem 1t necessary
to notice ID. Did the District Court have urisdic-
ton to render the judgment in the case OF Brooks
against Baxterf We feel some delicacy about ex-
pressing an opinion upon the question propounded
under the pleadingA It has TO be passed upon
incidentally in determining whether the relator is
enntled to the relief asked, for his right to the
once, II established at ALL Ia established BY judg-
ment Of the Circuit Court OF Pulaski county. We
are Of the opinion that the Circuit Court had urs-
diction Of the subject matter and Its Judgment
appears to be regular and valid. Having arrived
at these conclusions, the demurrer Ii overruled
and writ OF mandamus win be awarded as
prayed for. .
$1,000 at JOHN MCCLURE, q. J.
1a fa JOHN 3. BENNETT, A. J.
81 iss0s.h oss J. SEARLE, A. J.
-ioa~ Ast - 81 n. L. STEPHENSON, A. J.
The Court was then adjourned until tomorrow,
at ten O'Clock. The court room was filled with
lawyers, correspondents. and some few ofncers
Of the Brooks militia. Satisfaction At the result
seemed general among the spectators q
PREVIOUS DECISION OF TIE COURT
on the TIN OF October last, when ull Bench was
present. the Court had the same question up and
decided as follows
Under the Constitution the determination OF q
question as to whether person exercising the
ofaoe Of Governor has been duly elected
or not ID vested exclusively with the
General Assembly OF the state, and
neither this nor any other State Court has
Jurisdiction TO try suit in relation to such con-
test, be the mode or form what 1t may, whether ct
suit OF the Attorney General or in relation OF
claimant through him or by an individual alone
claiming right TO once. such issue should be
made before the General Assembly. II is their
duty to decide, and no other tribunal can deter.
mine that question.
N. s. GREGG, !
s54 ,sa.lM N. L. STEPHENSON,
e. G. SEARLE.
amounts to nothing-nrst, because legal Court
is composed Of full Bench; second that the ques-
ton Of the Governorship IL one for Legislatures
alone to determine.
NO MORE PRISONERS. fE
colored man belonging to savage's command
at New Gascony stated here yesterday that white
head declared he would take no more Brooks
men prisoners but would slaughter them wherever
he found them assembling agat.e
4E POST OFFICE AGENT ARRESTED 1atf
General Edgertou, the special agent Of the Post
once department. was arrested last night while
driving out BY Blocher, Bakers Military Gov
ernor. He was confined In the guardhouse for q
short time. VI lab
CAPTURE OF RAILROAD TRAIN
A company Of Baxtertea captured the Memphis
and Little Rock train last night. party OF Brooks
men coming from Devall's Blur were taken, and
the whites, after being disarmed, were released;
the others were brought into Little ROCK. pris-
onsrs. The capturing party broke open the mail
car, pretending they were searching for men. the
train was detained about en- hour, The prisoners
were paroled this morning. aig #fsf'a IA
3cA t.i PICKET FIRING rep !
ABaxter man, stationed on the bankof the river,
about nine O'Clock this morning fred at one Of
BROOKS pickets standing opposite. near the state
Heuse the bali lodged Just above his head in