The Monticellonian., 1899-06-09
.N -GOV. ELISHA BAXTER.
Arkansas Tenth Chief Executive Passes Over to the Other
 Shore.
ENJOYABLE FIGURE IN THE STATES HISTORY
Elected As Republican, He Held the Office Through Support of Democratic Members of the Leg of His Career.

Ex-Gov. Elisha Baxter died May 31st at his home in Batesville at the age of 72 years. His death leaves nine exgov- ernors of the state living, Henry M. Rector, Powell Clayton, 0. A. Hadley, Thos. J. Churchill, Jas. H. Berry, Simon P. Hughes, Jas. P. Eagle, w. Nj. Fish back and James P. Clarke.
 Gov. Baxter was distinguished figure in the history of this state. He was born in Ruther- ford county N. C., September l. 1927 In 1852 he removed to Arkansas and settled at Bates vile. where he has since resided with the eI- ception of few years spent in Little Rock. He studied law and was admitted to the bar In the sos and served in the legislatures Of 1854 and 1858
 When the question of war came up Baxter attempted to occupy neutral ground, but op- posed secession. shortly after hostilities com meneed he left Batesville and went to Mis- souri, where he was taken prisoner by the Con- federates returned to Little Rock and turned over to the civil authorities, but escaped before the time set for his trial on the charge of treason Baxter then went to Jacksonport recruited the Fourth Arkansas Mounted h. fantry, by permission of Gen. Steele, and re- ported for duty to Gen. Livingston at Bates vile, where he remained in command Of the post until the organization Of the Murphy gov ernment in the spring Of 1864, under which he WAS elected a judge Of the supreme court. In a short while he was elected United States senator, but was refused his seat in that bodg.
 When the war ended he returned to Bates vile. In 1888 he was appointed register in bankruptcy Of the First congressional district and in the same year was appointed by Gov. Clayton judge of the Third judicial circuit for d term Of four years.
 He was inaugurated governor in January 1873 The legislature of that year was repub- Iican Hon Joe Brooks at once entered upon a contest for the office before the legislature which decided against him. NIT Brooks then endeavored to bring the case before the Fed cral court, but Judge Caldwell refused the ap- plication. The contest was then taken to the supreme court. but that tribunal decided thar the right to try the title to the office existed only in the legislature.
 June l6, 1873. Brooks filed suit In Pulaski circuit court against Baxter claiming the office of governor. its fees, etc.
 In the meantime reversal Of the attitude Of public sentiment toward Gov. Baxter was talk ing place. Most of his rebublican supporters forsook him. and efforts were made in the legis- laturc to secure his impeachment and removal from office but the movement failed.
 April l5, 1874, the attorneys Brooks called up the case against Baxter in the circuit court for hearing Baxters attorneys were not present. being in attendance in the United States court which WAS then In session. The circuit judge John Whytock. proceeded to hear the case on the demurrer Of Baxter and pronounced judgment everything it. Then, in- stead of making order that the defendant should either answer farther or else should elect to stand on his demurrer he proceeded to enter final judgment on the merits of the case declaring that Brooks was entitled to the office of governor, and entitled to g. 2lS. and that Baxter be busted from the of1ice of governor
 Mir Brooks. provided with a copy 0, the judgment. immediately proceeded to the state house in company with about twenty men, and demanded possession of the office. Baxter re- fused to surrender 1t, whereupon MT. Brooks followers foreibly ejeeted Baxter and took possession Of the apartments.
 MT Brooks summoned as many of his fol- lowers as he could command and sezing all the arms which were in the state armory, he posted a strong guard around the building and gave evidence Of intending to hold it by force. Brooks issued call as governor for troops and many responded.
 Baxter established himself iu St John's College building. As soon as the condition of affairs became known many citizens offered their services to Baxter for his support They were enrolled as state militia and formed n governors guard" arming themselves out of about sixty stand of cadet muskets, which
 
 ter appointed Col Robert c. Newton major- general of the state militia. The next day. es- corted by hls guard Gov. Baxter moved down town and established his headquarters at the Anthony House, within 300 yards of where Brooks was in the state house. In a short while Baxter had at his command all the military forces he needed. For the next few days every train and boat brought Baxter troops to Little Rock.
 Gen. T. J. Churchill was placed in charge of the troops, and movement was projected to occupy the Capital Hotel or Deckla block and the Benjamin block. and thus closely invest Brooks in tho state house, but on telegraphio instruction from the secretary of war Col Rose. the eommandant of the post at Little Rock. interposed his force of Federal troops between the adversaries with a vlew to pre- serve the peace and prevented the consum- nation of this design.
 After much correspondence, Baxter tele- graphed President Grant to know if he would protect the legislature in case they should be called together co submit the question to them to declare and determine who was the rightful governor. President Grant replied in the affirmative and Gov. Baxter at once issued A call converting the legislature in extra session
 The assembly met May II. 1874 and as soon as n quorum was obtained concurrent reso- lution was passed recognizing Baxter as the lawful governor
 Accordingly, on May 15 1874 President c nant issued his proclamation. deciding in favor of Baxter and calling upon Brooks followers to diSperse within ten days.
 The forces of both sides were disbanded and returned to their homes. On the 10th day of May Gov Baxter reoceupied the gubernatoriaI apartments in the capitol