New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-07


NEY TO HOLD OVER AND THEN TO BE
DECLARED ELECTED REVOLT OF
HONEST DEMOCRATS AGAINST
CAMPAIGN OF CRIME.
irRox A srA.T CORRESPONDENT OF rRrBryEI :
Nashville, Tenn. Jan. 3-The contest in thfs
State over the election of Governor offers q
striking contrast to a similar controversy in Ala
bama. In both States the vote for Governor ia
declared by the Legislature in joint session Of
the Houses and In neither State have any stat
utes been enacted for regulating contest. In
Alabama Colonel Oates was elected Governor on
the face Of the returns, but Reuben Kolb claimed
his own election according to the facts The out.
going Governor was a Democrat and ordered out
several regiments and battery of Calling guns
nc as a holiday parade, but for the purpose OF
suppressing any outbreak Of Kolbs followers on
the day Of inauguration. The Democratic Iegis-
ature accepted the returns as prima facie eyi-
dence OF Colonel Oates's election and refused to
order an investigation of the facts which the
Popullsts demanded. Kolb was utterly helpless
lie could not fight Governor Jones's militia and
Gatlngs nor could he appeal to the courts: nor
could he obtain an investigation by the Legis-
lature There is to-day no law in Alabama by
Governor
In Tennessee there Is Democratic Governor
VINO was a candidate for reelection last Novem.
Der, and there is a Democratic Legislature which
is about to assemble for the purpose of declaring
the choice Of the people for Governor or else Of
conducting an investigation respecting the facts
According to the returns Of the election as tabu-
lated In the office Of the Democratic Secretary OF
State, there Is prima facie evidence of the election
Of II. Clay Evans, the Republican candidate, by
a plurality Of 74S According to the Democratic
procedure in Alabama, the Legislature ought to
accept the returns as decisive and not attempt to
go behind them; and Governor Turney, IL he
were 10 follow the example OF Governor JONES'
would order out the militia and batteries and
suppress any attempts on the part Of Democratic
mobs to interfere with the Inauguration OF Gov.
ernor Evans. who has been elected on the face
OF the Sheriff's returns as Colonel Oates was
elected in Alabama. What law and prac-
tice in Democratic Alabama will not work In
Tennessee for the obvious reason that the can
didate having the highest number Of votes for
Governor is a Republican and the candidate hav-
ing the lower number Of votes is Democrat and
the Governor in Office. II the Alabama
precedent followed, Mr.. Evans would be in
augurated by the militia. If necessary, after the
Governor Turney. who is minority candidate
like Reuben Kolb would be excluded from con-
testing the election But the Alabama plan will
not be carried out in Tennessee. The Legislature
here will probably do what the Legislature In
Alabama refused to do upon Captain Kolbs de-
mand. 1t will order investigation OF the cleo
ton and will decline 10 accept the returns ss
prma facie evidence OF Mr.. Evans's title TO the
seat. Pending the result Of this investigation
Governor Turney will remain in office under the
"holdover" clause of the Constitution. What Is
sauce for the Alabama goose is not sauce for the
Tennessee gander.
An investigation OF the election will imply q
contest, and there is no prescribed law by which
such a contest be regulated. The Kolb Popu-
lists in Alabama are clamorng for contest law
ani they cannot get *. The Democratic man.
ayers in Tennessee art preparing To institute a
contest without having any law for 1t. 1t is true
that the Constitution declares: Contested cleo
tons for Governor shall be determined by both
houses Of the General Assembly in such manner
as shall be prescribed by law but the law has
never been prescribed. There are no statutes
bearing upon a contest for the GoyernOrship and
the present Legislature will have TO enact laws
and then apply them post facto. Il there is 10
be A contest IN the present instance. Moreover,
state contest ought t. he instituted by the
candidate who lacks the prma facie evidence OF
election and meanwhile. the candidate chosen
on .hc face o, the returns is entitled to possession
Of the office until his lisht to it is successfully
challenged. That is law and practice in all
civilized countries; hut the intriguers who are
now IN charge Of the Tennessee Democracy are
planning to keep Mr.. Evans out of
the office to which he has the only valid tiue
under the Constitution and To seat the contestant
under the ''holdover' clause. Nothing can be
clearer than Mr.. Evanss right to the office rs
the candidate admitted by all parties to have the
highest number of votes on the face OF the re-
turns Nothing can be more irrational and mon
strous than the proposition that the Legislature
can deprive him OF the office and keep a minority
In possession of it before contest has
been legally Instituted or any statute has been
passed by which may be regulated
The Democratic leaders assume that the Con-
stituton of the State establishes the Legislature
as a tribunal for determining the candidate who
is elected Governor. That Is not true. The Con-
stitution does not make the General Assembly .
judge OF the election for Governor In the same
sense in which It empowers each house to pass
upon the qualifications and election OF members.
1t provides that the returns of every election
for Governor shall be opened and published in the
presence OF a majority Of the members OF both
houses OF the General Assembly, and that the
person having the highest number Of votes shall
be Governor. Not line of the Constitution
can be quoted In defence OF the proposition that
the candidate having the highest number OF votes
shall be restrained from taking the OATH The
legislature Is not a returning board. nor can 1t
institute a contest until the vote sent by the
County Sherffs. under seal, to the Speaker Of the
Senate and attested by 5000 election officials has
been opened and declared When 1t is announced
Mr. Evans Is entitled 10 take the oath OF office
as Governor and Mr. Turney will have the privi-
h. Lat Ian