, 1874-05-16
ARKANSAS.
Attorney. General Williams opinion
::..': Fayoring Baxter's Claims =. !,
The Presidents Proclamation : ReooIg,
'' MIXING Baxter as Governor. = =
Great Excitement "and. Isetoicin 4;
'' in Littlc' Rock. .'s't
Baxter Issues, a Proclamation to His
70 "a. "a, Victorious ;Legions. y.


"A"poAA"An AV5 AoAo'
TIE Observation-Disclosures oP1a.
ION. =
WAsn1NaroN, May 15,--Tho Attorney, ,aonottal'
hna aubnlitted to tho President ls opluion In tho
Arknnsas case, wherein EliHha Baxter aud Joseph
Brooks, eaoh o1s,sninR to te tho Governor tas.
6tato, had mado application to tho PrbHident for
aid to suppross in innur1oction. After quoting
from the Constitution of Arkansas tho scotibn.
providing for tho oponing and publishing Of the
.returus of elections for State of1cora under.
wl,loll Baxter WIS declared Governor, and tho:
olauHc providing for contested election casds;!
under which tho Lower House Of tho Assembly
rojcctcd' Droofs' petition for the contest by tho
decisive voto Of 50. to 0, tho Attorney -aenoral
PASSES to the .~~'. =" f. - "a /:
PnocEEDtNas- or bnooHs IN THE COURTS:
He says: Subsequently to tho vote In tLo Lower
tho notltion Of Brooks, upplIed to the suprorho
Court OF tho State for quo mnrtanto to try tho
validity Of Daxtor's title to tho office OF Gov
ornor, in which 1t was alleged that Baxter waa a
upon tue ground that tho courts Of The stato
had no right to hoar and determine the question
presented. because exclusive jusisdicton In aubh
caseB had boon conferred upon the General AS
BcmblY by lho Constitution and laws OF the
State. BROOKS then brought suit against Daxtor
in tho Circuit Court, under tho civil code Of Ar:
kansaa. Brooks, states, in his petition that ho
received more than 95 goo votes, md that Baxter
after dooaritag Tint baxter has .uBulped Tho Qt-
,dce, he.;prags TINT. IT. may. be. given to, him
by TIC Judgment M me OF the Court. apa that'le my
TEis presented to tlo coifts flo simple question
Of contest to tho Office Of Goyernor.; Baxtor do
| murrea to the petition, on tho grohnd. that tho
Court had nc Jurisdiction OF tho easo and aftor!
wards on TIE :15th of April the Court, in the sb-
murrer, and Without further 'ploadiugs, or any
;. nENpEnEp 5opo.Hsr ron nnooks, . "
Brooks, within fow minutes thereafter, without
| process to enforce tho execution of satd iadg-
! mont, and with tho mid Of armed men, forcibly
elected Daxtor, and took possession of tho Gov:
mont ,was rendered, Ba1tor'a counsel made
motion to set 1t aside, alleging AMONG other
things. as ground therefor TINT They
| were absent when the demurrer was submitted
sud the final Judgment rendered; j; that tho
Judgement Of the Court on ovorruling thedo-
murrer should have boen that defendant answor
over instead Of which t1nal Judgment was
nifty to anawer the complaint upon IL moritse /;
that the Court aasoRsed damhges without any
! suit But on tho next day this motion was over-
ruled by tho Court. When tho President IN
pursuance Of the provision Of the Constitution
|
eeutivo Of = State to oprotect It against domestic
violence; It appears to be bis duty to Givo the
required aid especially ,wheu there is no doubt
about ita existetfce but, Whero two persons
President under the Constitution, 1t be-
| comeB necessary for him to determine
| which Of tho parsons ia the Constitutional Gov
ernor. Tho Constitution OF Arlansaa is decisive
| on this question aB between Baxter and BrookB.
| According to the Constitution and laws of tho
| State the votos for Governor were counted,
/ - :: BAXTER DEoiAnEp rLEorED,
| and as ONCE he was duly inaugurased. Assn1h-
ing that no creator OBJECT Is to be givon to the
counting Of the votes in the presence OF tho
General ASSEMBLY than ought to be given to
similar action by any Board Of Canvassors, yet
when it comes to decide the question Of contest,
the General Assembly is converted by tho Con
stitution Into judicial body, and it's judRment
il as eenelusye ss y the Judgment et tue ,et; tsg
It's jurisdiction. Tho PARTIES to nuoh conteat
plead and produce. evidence according to tho
practice provldc1ln such cases, aud tho contro-
Of . judicial procedure Brooks appears to
claim. that, when tho contest for Governor
is decided BY the General Assembly tho defeated
party may treat tho decision as d nullty, and
constitutional provision as to tho contest, OF 10
effect, mud tho proceedings under 1T au empty
form. Looking at The Constitution a1one,'i 1t up.
poara perfectly clear the courts Of the State
HAVE NO RIGHT TO THY CONTEST
: about tho office Of Governor, but that exclusive
Jurisdiction oyor that question is vested in tue
; aoueral Assembly. There is decision made bN
; the Supreme Court upon the precise question
Berry WAS a candidate for State Auditor on tht
Same ticket with Brooks Wheeler, his com
petition, was declared elected BY the General A.
semby Berry then brought nut p3aar so9; 52
cover the office. Wheeler applied to tho suprcm
Court for an order to restrain proceedings, ant