New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-02-08
1gc yEyyESSEE GOVERNORSHIP.

A., Er,ps b,s tokcu the oath OF Office as GOV
omar ~ Tennessee in order to institute man
damus proceedings in the courts Tor ''s''hS tn'
validity Of his claims. This Is the course WHICH
The Tribune has urged him To ADOPT. par
tisan Democratic jority in the l%glsntur'' III
defiance of The moral forces Of public opinion III
IFS own party I'm The State. has deprived MIN vi
rho office to which hc was elected by inc people.
I, is undoubtedly his privilege To ask the courts
for = construction Of the following article OF me
Constitution in relation to his claim for the pos
session Of the office OF Governor:
The Governor shall be chosen by the eet'o's VI
the members of the General Assembly, at the time
and places where they shall respectively vote TOT
the members thereof. The returns OF every e'c'-
ton for Governor shall be sealed up ana transmit
ted to the seat OF government by the returning
officers directed to the Speaker OF the senate VINO
shall omen and publish them In the presence OF n
majority OF the members OF each mouse o' wv
General Assembly The person having tne h'snes.
number Of votes shall be Governor but II TWO o
more shall he equal. and highest IN votes o"e y.
them shall be chosen Governor by joint votes o,
both hou.es OF the General Assembly. .oh'e 80,
elections for Governor shall be determined u! "o'
houses OF tho General Assembly In sucn manner
as shall be prescribed ny law NHN 80 ~ -
Tennessee Constitutional
A. , matter of law the person having the
u. Ghost number Of votes is entitled to the once
NJ Governor The Constitution is mandatory III
,bis r,sncct II SAYS that "hc shall be 'iov-
crnor" The duty Of the Speaker Of the SENATE
l. ministerial. He Is To open ana PUBLISH inc
returns The members Of each house OF the
I ocs,,turc are witnesses Of this ministerial act
and can only become electors when there is
rio vote These are the plaincst possible infer
crccs from the sestion Of the Constitution which
m b,vc ouotod As n matter ~ fact there was
no tie vote in the recent election for Governor
and consequently 10 opportunity for rhc inter
vcution of the Legislature ~ body Of electors.
Henry clay Evans had Il majority OF I4S votes
over Peter Turncy The Constitution declares
,h,t 9TH, person having the highest number Of
vo,cs shall bc Governor" The courts will be-
asked to enforce this mandatory clause Of the
Constitution. under which Mr.. Evans ought to
br Governor of Tennessee.
The courts cannot have jurisdiction Of Il con
,c,f over the t;ovcrnorship. The Constitution
uroyidcs that contested elections for Governor
Shall he determined by the General Assembly
..ln such manner ~ shall be- prescribed by law.
nut until the candidate having the highest mum
h,r of VOTES has bcrh Installed as Governor.
there. cannot be- a legal contest under the Con
siiuiion. The Democratic conspraiors have MI
u
law for regulating II without filling the office Of
Governor in the manner prescribed by me ION
s,itution The courts i'm the mandamus proceed
ines will be- required 20 pass upon this point
and IL will not b. easy for them to justify Inc
LEGISLATURES ncclcc To- install the person hay
Ing the highest number ~ votes. That * me
direct constitutional requirement before any con
frovrrsv over ihc Goycrnorship can be- deter
mined 10y the Legislature.
Peter Turnry declared not long ago that me-
would be- content to have stone with on" WORT
ovcr his grave Secession" Democratic con
spirnfors have not respected his wishes. Fraud
Governor" Is the cpitaph which they have sup
piled hv their unconstitutional action. His
former associates In the highest court OF the
State with mandatory clause ~ The tonsti'u
ton which can admit ~ only one int"rpreta
ton will be- compelled 10 pass Judgment upon
his usurpa'ion 81 power.