Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1895-02-27
HON. R. R. BUTLER'S SPEECH.
In the Senate of the 49th General As.
sembly of Tennessee, on the Bill
TO Provide for Contest for
Governor
And to Keep Turney in and Evans Out.

Mr.. Speaker: The bill pending be-
fore the Senate is one of the most re-
markable productions ever presented
to legislative body to pass upon. A
bill in direct violation of the constitu-
ton of our State, that we all but few
days since swore upon the Holy Bible,
and kissed the Bible that we would
support. Can it be possible that the
Democratic party in Tennessee is in
such strait that the Constitution and
the prccedents of nearly hundred
years must be violated to keep o man
in office who was repudiated by his
party in the late election. Can any
honest, intelligent man be mistaken as
to what the Constitution provides? 1t
can t be possible that the old patriots
who made the Constitution were SO ig-
norant that they did not understand
the use of the plainest words of the
English language. They were honest,
patriotic and intelligent, and made
Constitution that all can and do under
stand who want to unless they don't
want to for political reasons and pur-
poses, and to keep man out of the Of
flee of Governor, who the people elect
ed, as the returns will show. Art. 3,
Sec. 70, of the Constitution says the
returns of every election for Governor
shall be sealed up and transmitted to
the seat of Government by the return
ing officers, directed to the Speaker of
the Senate, who shall open andpublish
them in the presence OF majority of
the members of each House of the
General Assembly. The person hav-
ing the highest number of votes shall
be Governor, but if two or or more shall
be equal, and highest in vote, one of
them shall be chosen Governor by joint
vote of both Houses of the General AS
sembly. Contested election for Cover
nor shall be determined by 9th Houses
of the General Assembly, in such man
ner as shall be provided by law. Can
anything be plainerY The Speaker of
the Senate shall open and publish the
returns and the person having the
highest number of votes shall be Gov
ernor. Does it mean that the Speaker
may, if he wants to, or that he shall
not, if some one objects and says he is
opposed to him opening and publish
ing the returns? Oh, no; it says he
shall open and publish the returns and
the person having the highest lumber
of votes shall be Governor; not that
the Speaker may if the LIE gislature says
SO, or if the returns will show that
Republican has been elected Governor.
Oh, no; it means that if the returns
show that Democrat has been elected
that the Speaker shall open and pub
lish the returns, and the person having
the highest number of votes shall be
Governor. This construction reminds
me of story of Dutchman who stole
his neighbor's hog. He was brought
before the Judge to answer for steal
ing the hog. The Judge asked him
what he had to say in answer to the
charge. The Dutchman said there was
law against stealing hog But, says
the Judge, the law reads that if any
person steals the hog Of another, he is
guilty of felony and shall be punish
ed.
But, says the Dutchman, II knows he
shust reads dat way, but it don't mean
it,"
"Well," said the Judge, what does
it mean?"
well, it MEANS" said the Dutch
man, ''if you don't need the hog, it is
stealing, but if you needs him, it is not
stealing, and needed him."
That is the way the Democrats con-
strue the Constitution. The Constitu-
tion Gays the person having the highest
number of votes on the face of the re-
turns shall be Governor, provided the
Democrats don't need the hog" but
in case they 'need the hog" it is not
stealing. The Dutchman's reasoning
is about as reasonable as the Democrats
who need the hog" The Constitu-
tion is nearly hundred years old, and
every Governor the State has had was
seated upon the face of the returns az
provided by the Constitution, and such
a proposition that the Speaker of the
Senate could be prevented or prohibited
from complying with the Constitution
when it says he shall do it. The Con
stitution is so plain and so well under
stood that the Legislature never passed
any law to contest the election of Gov
ernor. But, crisis has arisen; the
people have elected a Republican Gov
ernor, and, if the Constitution had beer
carried out, as has been done ever since
Tennessee was State, Mr.. Evans would
have been inducted into the office. Blu
oh, he is Republican, and it will
never do to let him in. The coal OF
gang and the penitentiary ring will
lose their places, and the present Gov
ernor must be kept in; but the Consti
tuition says "having a majority of tn,
votes returned, he shall be Governor,
but it don't mean that when we "neet
the hog"
Mr.. Speaker, can it be possible tina
this great outrage is to be perpetrateC
the Constitution ignored-the goot
name of the State to be blasted-busi