The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-11-20
Judge Poland on tho Arkansas Stu.
linn.

OF. LOUIS, November lU.-Judge P0-
land, chairman Of the Congressional com.
miltGe to investigate Arkansas affairs,
Judge Wiltshire, member Of congress
elect from the Little Rock district, and
Colonel Hynes, the present member from
that district, arrived here Yesterday. Sew.
eral interviews with them have been
published, but they differ In some mate
rial respects. In one account Judge Po.
land is asserted to have said that the Gar.
land government, recently elected, Is
trying to act fairly, and that Garland,
although not possessed Of very great
moral force himself, and being surround.
ed by q strong element Of perhaps vicious
sort Is trying 10 do well. The Baxter
faction sustains the Garland government,
while the Brooks men sustain Lieutenant.
Governor Smith. The programme oI the
Brooks party evidently Is, in the event
Of the Federal Government favoring
Smith and seating him in the Guberna-
torial chair, to press the Brooks. Baxter
suit, which Is still pending IN court, in
hopes Of reaeRtiDg Brooks as the legally
elected Governor. II, however, Smith Is
seated as Governor by the Federal forces,
he will have 10 be maintained there by
the same power. But Judge Poland does
not think such action will be taken
Smith, he says, is no more Governor than
Baxter, and he thinks the position Of the
latter was gained by fraud. Smith is a
tirebrand, and Tor his sake and the sake
Of the State 1t is a good thing he has fled.
His claims to the GovernorShip arc
worthless, and there is little likelihood OF
their being made to appear Of any value
TO the President.
Another account says Judge Poland as
SefIs that although both Baxter and
BROOKS have disappeared Iron, tho rnlit-
ical arena, yet the question now at issue
is which of them was elected Governor
in 1879 The new constitution, Poland
says, was conceived and adopted in very
irregular manner. The old constitution
provided for amendments only, and pre-
scribed method for their adoption. No
power was delegated 10 the General As
sembly ol the State TO submit the ques-
tion to the people whether or not they
would hold constitutional convention.
Thus 1t appears that the action OF the
Arkansas Legislature in the premises was
without authority, and wholly irregular
A parallel case TO this Mr.. Poland finds
in the celebrated Dorr rebellion in Rhode
Island quarter Of q century ago. The
hopes and ambitions of Smith rest upon
the illegslity Of this constitution. Baxter,
with Lieutenant. Governor Smith and the
whole Radical ticket Of 1872, were elected
for four years, less than half OF which
time they served when the new election,
held under the new constitution this
fall, provided their present successors
In case the new constitution should
be declared invalid, OF course the
present State Government would no
longer exercise the duties incumbent
upon it, and the question would revert 10
the election OF 1872 as between the
Brooks and Baxter candidates. Touch.
ing this matter Judge Poland freely ex-
presses the opinion that Brooks received
large majority oil the votes cast. The
testimony taken before the Congressional
Committee plainly indicated this, and it
is rendered still more probable, in Mr..
Poland's view, by the fact that the De.
mocracy voted almost unanimously for
Brooks as sgainst Baxter. OF the pros
poets for an early settlement OF the ques.
ton Judge Poland does not speak in a
very hopeful manner: he regards the
issue affecting the validity OF the new
constitution, as one OF very grave impor
tance and inasmuch as it Is strictly a
legal question, he gives no opinion what.
ever respecting il, Tho Judge also said
the testimony before his committee was
about concluded, but the people seemed
to have greater feeling Of security with
such body in their midst and asked ear.
nestly Tor lis retention; he therefore sp,
pointed Hon. ]. D. Ward q sub commit
tee and left him at Little Rock with a
sergeant.st.arms and o reporter. He
will doubtless find something TO occupy
his time and attention.
Judge Poland has gone to Washington
at the call Of Attorney General Williams.