The Van Buren press., 1874-05-05
LETTER FROM J. R. BERRY.
An Open Document to Mr.. Brooks-Mr
Berry Favors Settlement by
the Legislature.
LITTLE Rock, April 80, 1874,

GOVERNOR JOSEPH BROOKS:
Ny Dear Sir-I was glad when / heard
you was sworn in as Governor, suppos-
ing all things had been done in accord
ance with law | was satisfied that you
had been elected as Governor at the elec-
ton of 1872, and that You was traudu
lently counted out by the Legislature in
January, 1873. You are aware that |
was a candidate on the Reform ticket of
1872, and was elected by a larger major
ity than any other candidate on that
lcket to the Office of Auditor of State.
You, in your efforts, have succeeded to
the Office Of Governor, and although
have pressed my contest for the auditor
ship in the same courts, have not sue
ceeded The Circuit Court BY prohibi
ton in my case has been estoppcd from
further proceedings l am advised
through the public prints that the same
three Judges of the Supreme Court that
awarded the writ of prohibition against
Judge Whytock in the Berry Wheeler
case have since telegraphed to the de
partment at Washington that the decision
of the Supreme Court did not conflict
with the decision of the Circuit Court.
After you had taken possession and was
sworn in as Governor thought that Mr.
Wheeler would retire at once, especially
when influenced so to do by yourself and
others, Wheeler knowing, of course, that
ifyou was Governor that he was fraudI
lent Auditor; in other words. thought
what was sauce for the goose was sauce
for the gander; but the individual tha,
started that was mistaken---hG must have
lived long ago. o.
have conferred several times with
you in respect to the Authorship. You
always received me kindly and manifest.
ed much interest. ! suppose, Governor,
you have done all you could for me. My
desire has been that every one who was
elected at the November election of 1872
should have their offices without further
delay or expenses. You know that |
have pressed my suit from the beginning
aud at great expense, but after many
days of serious thought ! have come to
the conclusion that Mr. Wheeler and
some others who are now fraudulently
in Office are not to be disturbed | am
satisfied that you are not in the secret OF
this matter, but that such are the assur.
ances that Mr. Wheeler has through Nc
Clure & Co l verify believe. am told
to let my case 60 through the regular
channel, Now what show have | in the
Supreme CourtY The majority Of the
Judges of that Court have already decid
ed me out of that Court, and have said to
Judge Whytock, by writ Of prohibition,
not to touch or iurlheer proceed in the
Berry-W Wheeler case. Therefore, you
see, have no show in the regular chan
nels, SO called, and il could get into the
Supreme Court by a rehearing or other
wise, my case could, and believe would
not be reached until the term Of office
expired No, | have had bad luck in the
Supreme Court, and will ask to be cX.
cused from any more Supreme Court "in
mine " am sorry to see. Governor,
some of the very men that you and l.,
and our ticket fought in 1872, and who
were the leading spirits in the move TO
defraud us of our offices, now have the
uppcrmost seats, aud are, or seem to be,
your advisers instead, as it should have
been, as conceive, made up OF the solid
men who fought with ana by you on the
Reform platform of 1872. Sorry, yes,
am very sorry. can hope for nothing
yood to the country under the auspices
of Mcclure d Co. nm persuaded that
he cares nothing for the welfare of the
people, so that he can accomplish his
own ends. This class of men, as you
aud we all said in 1872, must take back
seats, or the Reform party will have
none of it. In the language of our Re.
form platform Of 1872, upon which you
stood and fought so nobly, let it be pro
claimed again, Honest men for office
and thieves TO the rear. My conscience
has already told me that cannot longer
remain with those who have so despite
fully used us. No good can come of it.
II the whole ticket that was elected is
put in without delay, believe the people
would be satisfied The people are not
willing for the State to be governed by
ring any longer. If the men who were
elected could get their offices within a
reasonable time, the military would not
be needed, and your administration
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