The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-05-05

question we have at all run oil the track
But our neighbors will hardly expect us Il
prove negative.
: The Arkansas Case--What tie suprcHie
Court Decided.
The following was the opinion of the
supreme Court of Arkansas upon brooh',S
nelition to Dust Baxter. 1t was IN contempt
~ thix decision that lower court aGJudged
Brooks to be Governor
little Rock Gszeltel -,
II tbe court, OF the motion OF the attor-
ney-ceperal, has power TO declare governor
: out Ct Office because he was not properly
elected or qualified, and If It were possible
for the encouragement and majority Of
The court to be improperly controlled, no
governor could hold his position unless the
court approved his policy. If the
court can judge, it may fni<judge. 1t seems
TO us one of the elementary principles
| of our Government that lie departments
shall be coordinate and coequal: and, while
| the courts of the State move forward i'll the
discharge of their duties, free from execu.
tive policy and beyond executive control,
the Governor is clothed with manhood that
| nlaces him above the Whims, and stronger
ikan any prejudice that could possibly ex-
lat in court, and leaves bis position to
those who, under the Constitution, are to
designate the proper incumbent, and who
are to try him for crimes and mlsdemeanors
in office, and all the presumptions Of lnteS-
rity that can and should weigh in favor Of a
court must be allowed in favor OF the repre-
sentative men of the people.
"The returns of every election for Gov
ernor. Lieutenant-Governor, Secretary OF
Suite, Treasurer, Auditor manning other
| heads Of departments shall be sealed up and
transmitted to the seat of government by the
returning officers, and directed to the pre-
siding officer of the Senate, who, during the
first week of the session, shall open and
rubbish the same in the presence Of the
members then assembled. The person having
the highest number of votes shall be de-
clsred elected, but if two or more shall have
the highest and equal number OF votes for
fine same office one Of them Shall be chosen
| nv Joint vote of both houses. Contested
ELECTIONS shall likewise be determined by
| both houses of the General Assembly in such
manner as. is Or may hereafter be prescribed
by law."-Consttutien Arkansas, article .,
section 10. :,
| ! II is declared that contested elections shall
he determined by both houses OF the Cen
era Assembly, and the manner OF proceed
ing is regulated by the acts OF the Legisia-
iture, and it may be observed thai THIS proyi'
Ision in the Constitution does not limit Inc
!; RIGHT Of contest; it is not given exclusively
TO rival candidate, nor to prescribed num-
:. her of voters, nor to the people at large, OF
any particular officer as the representative oil
the people, but the mode of contest and
trial of the rights Of the claimant Is to be as
! | the Legislature have or may direct by law
!. They are TO say who may contest, and how
: proceedings are to he brought before them
There is nothing declaring that the superior
courts OF general jurisdiction shall not try
b and determine the rights of one claiming
d | to be legally elected to either house. Moth
Il ing declaring that such cases are ex
ceptions to the power Of the courts to issue
:. wrlts OF naandanluS or quo ocdrrdnto. and
N hear and determine the same, or to issue
other proper process under the practice OF
d the State to bring parties before the courts,
70 and have issues tried, rights determined, and
j., a Judgment Of custer where the party was
y illegally holding. Yet We have heard no one
Il 90 SO far as to assume that any judicial
6 officer or court has the right by quo lgarrantc
IS or otherwise to decide whether or not any
!. one is not entitled TO seat in either House
= of the General Assembly. It is
u quite clear that the Constitution never in
tended that the courts should have the power
J. to seat or unseat any member of the Gene
d ral Assembly, and recognizes that as a CO
ordinate and cOequal departments o
the Government If it is upon THU
theory that the members of the LIE
gslature are not to be disturbed
st by the courts, are we not foEcibly brought Il
10 the conclusion that they are not to seat O.
# unseat the Governor, who is the head of an
- other coordinate department? Had th
~ court the power by quo ouarranto to seat o
Is unseat the members of the General Assem-
bly, simply by ruling that they have not bee
elected in strict conformity TO law, does
Is not destroy all equality Of independence q
power and dignity! Aud il it is possibl
4. for majority Of court to corruptly ente
ie into political intrigue, would not the Who'll
es government Of the State be dictated by thes
,e- iew-a thing not likely to occur, but a poss
S. b'llty: properly guarded?
The solution of the question before US d,
ch pends upon our own Constitution, and upo
ne fair construction of that instrument we ar
Is Of opinion that the right to determine VIII
- is the legally elected Governor OF the Stat
:" belongs to another department, and not /
10 the courts. '.-$
;e Under the Constitution, the determinatio
Of the question as to whether person exel
cisiDg the Office of Governor has been dull
elected or not Is vested exclusively in tn
q General Assembly of the State, and ncithe
. this or any other State court has jurisdiction
!. to try q suit in relation to such contest, b.
, the mode OF. form what it may, whether a
: the suit of the Attorney General or on reIa
q ton of the claimant through him, or by any
individual alone claiming right to the
Office. Such issue should be made before
r the General Assembly. 1t is their duty tc
: decide, and no other tribunal can determine
that question. :.
(Signed.l L. GREGG,
N. l.. STEPHENSON.
II j.. J, SEARLE,