Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1895-05-15
For the Herald and Tribune.
The GubernatOrial Theft.

corrected by excluding all votes cast by
those liable to a poll tax and who failed
to pay the same; and further all votes
counted as cast by men dead or removed
from the State; and further taking from
Turney votes cast for Evans and Minis
but fraudulently counted for him, Ey-
ans plurality would have been not less
than 5000, and probably as much as 5000.
Well, is that the end Of 1T? After the
majority vote of the General Assembly
adopted the committees predetermined
report, and then Rugged each other and
yelled themselves hoarse, was their reso-
luton rs that of a court of last resort?
| answer no. 1t would have been, had
the committee and their advisers pos
sessed sense enough to report in a gener-
al way that twenty odd thousand votes
had been illegally and fraudulently cast,
and for the parties to the contest in such
proportions as TO wipe out Evans plu-
rality of 74S and give Turney a plurality
of 2,lS4, then no review of the Assembly's
action confirming the report could have
been made by the judiciary of the State.
But, fortunately for the honest people of
the State-Republicans and Democrats
Turney based, explicitly, the grounds of
his contest OH the alleged fact of whole
sale frauds having been committed main
ly in counties of East Tennessee by vo-
tiers liable to a poll tax being allowed to
cast their ballots without having paid
such taxes and without giving to the
election officers legal proof of such pay
ment. And the report of the committee
discloses the fact that in these East Ten
nessee counties the only colorado lille
gality was a failure on the part of the
voters designated to comply with the let
ter of the unconstitutional and void stat
ute of 1891; but, that said voters mad, in
fact, complied fully with the spirit of
said void statute and with the letter and
| spirit of the organic law of the State.
That is, at the August election of 1894,
when party lines were closely drawn and
candidates watching every feature of the
contest, the voters gave what Turney
calls statutory proof of the payment of
assessed poll taXes-the Trustees re-
ceipts." At the succeeding November
| election, the election officers received
and deposited these same voters ballots
on constitutional or organic law testi-
mony. In other words, the election Off
GERS had the highest and most satisfac-
tory testimony in the form of fixed evil
dence that the taxes in question had
been paid and that 40 doubt existed as
to the legal qualifications of the voters.
What was that evidence? Seeing and
knowing, as also officers of the August
election or, then, only as associate neigh
~bor-voters, that the qualification, even
under the void statute, was full and IN
doubted; and, without doubt, such legal
qualification continued to exist up to and
at the November election of the same
year.
1t is, therefore, fortunate for the honest
people of the State, that the dishonest
steal involves a clear constitutional ques-
ton of the highest character. The ques-
ton is simply this: Can 5000 or 1900
legal voters be deprived of their highest
right of citizenship and look helplessly
on whilst their ballots are cast aside and
disregarded for the only colorado reason
that they failed to comply with the TECH
NICAL LETTER of an unconstitutional and
VOID statute, whilst, in fact, they COM
piled fully with the LETTER and SPIRIT
of the constitution which the void stat
ute pretended to represent, but really
contravened, abridged and violated?
Identically in class with this impor-
tant question, was one presented attack
son by Peter Turney, then Chief Justice
of the Supreme Court of the State. The
case involved the validity of an office
created by a statute alleged to be uncon-
stitutional, Turney, Chief Justice, so
held, and among other things said in de-
livering his opinion: "A statute which
c~ontravenes the constitution is void and
falls to the ground. The office such a
statute seeks to create becomes a usurpa-
ton and its holder an usurper and tres
passer. | can not conceive of an idea
more mOnstrous than that a void law
must be upheld until it is formally set
aside by the court" That legal doctrine
which was good according to Turney,
Chief Justice, ought to be equally good
for Turney, acting Governor.
But what is the remedy in sight and
possible? 1t is a petition of say 5000 dis
franchised East Tennessee voters who
cast their ballots for II. Clay Evans (2,lS5
would do; or, the more than 1900 dis
franchised would be more appropriately,
addressed to the Supreme Court of the
State, or to any Judge or Chancellor of
the State, reciting the fact, and so aver
ring the law as to bring out the question
clearly and asking for the issuance of a
writ of quo warranto requiring Peter
Turney to appear and show by what au-
thority he holds and exercises the func-
tons of the office of Governor of Tonnes
see; and if his authority is held to be
insufficient, unjust and in contravention
of the organic law of the State, that he
| bS hSliNNANuO vi 6uld ~ Il llllCl pa
ing, the 5000 petitioners will ask that
their ballots Illegally and wrongfully
set aside and disregarded, be restored to
their place with the official returns of
the State of the November election with
the Secretary of State; and that as such
ballots represent, first, an equal (2,lS4) to
that wrongfully and illegally counted
by the General Assembly as the plural
ity for Peter Turney; and, also, the fur
ther number of SIG as a plurality for II.
Clay Evans, either that the same be de-
creed and counted for him; or, that the
sworn official returns, showing his plu-
rality of 74S be affirmed; and, that he be
indicted into Office as the legal Chief
Executive of the State. Can and ought
the Supreme Court of the State, or, any
Judge or Chancellor legally assume such
jurisdiction, and ~aflirmatively act on the
case? / answer yes. If not, then is our
organic law of no value to the people
as a safeguard and charter, and, the
highest and most sacred and valued
rights of our citizenmanhood left exposed
to the will and cruel care of the wrong
doors as is the purse and life of the vic
tim before the lawless highwayman
armed with the murderous weapons OF
death. OLD LAWYER.