The comet. (Johnson City, Tenn.) 1884-1916, 1888-12-13
The Bates. Evans Contest.

Taylor does. II he had decided the
Bates Evans case at once, he would
have been criticised for hasty action.
Taking time to deliberate, he is con
demned for delay. The writer knows
something of the cause for delay.
When the issue was all made up and
the briefs in the very men who now
condemn him for vascillating weak
ness" asked for delay that they might
submit oral argument. In fact, the
very theory on which the democrats
predicted their case forced delay.
They had no standing in court, con-
fessedly, unless amendments were ad-
missible. Every mail almost brought
amendments, re-amendments, re re-
amendments, and so on, and the wires
were freighted with them, so that delay
was unavoidable, If they were to be
considered. The very statement OF
this fact shows not only that delay was
enforced, but it also illustrates the
grotesque absurdity Of the proposition
upon which the proceeding hinged
Admit the power Of sheriff to make,
alter, amend, re-amend and ro-re-
amend his returns, and when is the
thing to stop? Give opposing sherffs
in Rhea and Hamilton counties All
even start at this unheard-of proceed.
ure and the end would possibly be
reached when paper give out. But
under the Bates position these things
were in order, and they kept coming,
and how could the governor belp him-
self? Add to this the fact that the
Bates lawyers asked delp, and how can
the governor be blamed for delay?
Really, ought he not to have taken
fullest time to have investigated this
matter to the bottom? Judges who
go off hastily halfcocked are the ones
who trouble the supreme court to re-
verse. No one criticises a court for
taking time to find out what the law
is.
But he vascillated." 1t is totally
untrue. The writer was there and
knows that from the very first moment
after the governor footed up the re-
turns and retired into the secretary OF
states Office to consider the case,
where the case of Marks and Gibbs
was read. which held that the powers
If the board were purely ministerial
that he from that moment and ever
afterwards to the end held that the
board had no right to do what the
sheriffs declined to do-throw ont the
vote. He never receded from that po-
sition and the whole effort of those
who knew where he hitched was di
rected towards convincing him that
they did throw out the districts But
he was never made to see it thus and
| he never for an instant wabbled or
wavered.
Neither is there half as much in
that Bates certificate business as
has been imagined. The very men
who now seek to take advantage OF it
are the very men who crowded around
the governor on that first eventlui
night and persuaded him that the re
publicans were up to some sly trick,
that they were preparing mandamus
and were seeking some dirty republi-
can Judge to ruthlessly snatch the case
from its proper tribunal, and that it
was proper to be prepared for them SO
that if any unwarranted or unfair ad
vantage was attempted the dirty trick
might be thwarted. The governor
Yielded to these opportunities, un-
wisely, perhaps, but the most that can
be said of it is that his democracy
clouded his judgment.
The secretary of state never saw
Bates certificate. He did not sign it
and never laid his eyes on it. His
clerk signed it for him, understanding
at the time that it was not an issuance
: and not intended to be. He did not
copy it nor make the usual necessary
note of it, and it was expressly under
stood that it WAS not a certificate unit
the governors secretary should notify
him to note its issuance. The instru
ment was never comp 'eted, never
noted, never copied, never issued, a1C
it was at once destroyed when thu
governor began to investigate the fix
ures, facts and law, and at the yer!
minute OF its destruction the COVER
nor's secretary was informed by th
secretary of states secretary that i
had not been noted nor copied.
). While am at it, allow me to be
:, little plolix. The governor was aske
to give his decision based upon tn
- amended returns. These were tn
props to sustain him, and yet her
= came one of the sherifis and knocke
} his prop sky-high in the following II
amendment Coming both by wire an
maid: