The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-04-17
AND NOW ARKANSAS.

Anu now Arkansas What shall be done
win her case Shall she be left to firht
ou' the matter in her own way, or does it
present case for federal interference ?
Let us look at the facts. A governor is
elected for four years, the present term
commenced in January, 1873, and ending
in January, 1877; the election taking place
in November, 1872. At that election, as
reported by the proper hoard of canvassers.
Elisha Baxter, republican, received 41.5S1
votes, and Brooks, opposition, 3s.415.
showing a majority for Baxter of 1896
votes. AT the same time q full board of
state officers were chosen, as well as presi
dental electors, each republican candidate
receiving, as reported majority-thc ma
Jority varying from some four hundred to
nearly four thousand. 1t is claimed that
there were gross frauds in the election on
both sides. This may be and probably is
true, although is has never been proven
However this may be, Elisha Baxter was
declared duly elected governor and was in
augurated as such at the proper time.
AHN'N 10 nv Niuiui tuc SGUtTul govern
ment interfered to bring about this result.
Not satisfied with the declared result.
Brooks commenced an action in one of the
county circuit courts, the nature of which
is OF no consequence, the object being to
obtain decision of that court declaring
that he was duly elected governor. At
about the same time, the attorney general,
Ill order that the question might be finally
settled, filed in the supreme court of the
state an REFORMATION in the matter of a
''qlo aoar7ant0." The object of this writ
or information was to bring the whole case
before the court, compel Governor Baxter
to show by what warrant or authority he
held the office, and to declare who was
legally elected governor. In the mean
while the legislature decided to reopen the
matter and have a recount of the votes.
ms the legislature proceeded TO dc, and
declared that Baxter was duly elected goy-
ernor. lie thus held the office by the re-
turn OF the regular board of canyassers as
well as by the declaration of the lcgisa-
tura, representing the political and legisla-
i've power OF the state, on recount of the
votes. If General Grant received the vote
of Arkansas, then Baxter was elected roy-
eruOr.
But the case does not stop here. The
supreme court of Arkansas decided that
The courts OF that state had no Jurisdiction
in the case of contested elections for cover.
nor. From this decision there could he no
appeal. 1t declared and, in one sense
made the law. Where there is no statute
law upon given question, then the SUI
preme court declares what is the law. Be
ing the highest judicial tribunal of the
state, all inferior tribunals are bound by
their decisions. 1t is law, until that court,
itself, reverses the former decision. But the
county circuit court, to which we have re-
ferred, in the absence of counsel and by a
''snap Judgment" have undertaken to Gust
Baxter and declare Brooks governor The
supreme court, however, having decided
that the state courts had no jurisdiction,
their action must be upon every principle |
of law void. No action can rightfulIy or
legally be predicated thereon. Any pro-
cess issuing from the court to enforce its
decision is void, mere waste paper. 1t
would afford no protection to the person |
executing or attempting to execute it
they would be trespassers in every act.
Yet under this decision, Brooks has taken
armed and forciblc possession of the execu-
tive Office, and holds the same by force of
arms. AS the case stands, it is clearly a
case OF usurpaton, as much so as was the
assumption of Thomas w. Dorr to be gov
ernor OF Rhode Island. Governor Baxter
has called upon the President for troops
TO assist him in recovering and re-
tanning possession of the office. We hardly