The Forrest City times., 1899-06-09
H GOV. ELISHA BAXTER.
Arkansas Tenth Chief Executive Passes Over to the Other
 Shore.
AAo1ABlE FIGURE IN THE STATES HISTORY

AA0IABLE FIGURE IN THE STATES HISTORY Elected As . Republican, He Held the Omcs Through support of Democratic Members of the Legislaturs-sketch of His Career.
 Ex-Gov. Elisha Baxter died May 3ist at his home in Batesville at the age of 72 years. His death leaves nine ex-gov- ernors of the state living, Henry M. Rector, Powell Clayton, o. A. Hadley, Thos. J. Churchill, Jas. H. Berry, Simon P. Hughes. Jas. P. Eagle, w. M. 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. lsc7 In 1852 he removed to Arkansas and settled st Bates villc. whore he has since resided with the ex- | ception of . few years spent in Little Rock. He studied law and was admitted to tho bar in the sos and served sin tho legislatures of 1854 | and 1858
 | When the question of war came up Baxter attempted to occupy neutral ground. but op- posed secession. Shortly after hostil,ties com menced he left Batesville and went to Mis- souri. where he was taken prisoner by the Con- federates, returned to Little Rock end turned over to tho civil authorities but escaped before the time set for his trial on tho charge of treason. Baxter then went to Jacksonport, recruited the Fourth Arkansas Mounted Inc fsntry. by permission of Gen. Steele, and re- ported for duty to Gen. Livingston at Bates- vile. where he remained in command of ths post until tho organization of the Murphy gov ernment in the spring of 1884. under which he
 was elected judge of the supreme court In . short while he was elected United States senator, but was refused his seat in that body. l 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 Q term of four years.
 l He was inaugurated governor in January
 1873 Tho legislature of that year was repub- lican Hon. Joe Brooks at once entered upon . contest for the onice before the legislature l which decided against him. Mir Brooks then endeavored 10 bring the case before the Fed eral court. but Judge Caldwell refused the ap-
 plication. The contest was then taken to the supreme court. but that tribunal decided that | the right to try the title to tho ofice existed only in the legislature.
 l June 1o, 1873 Brooks filed . suit in Pulaski circuit court against Barter. claiming the sfnce of governor. It's fees. etc.
 l In the meantime reversal of the attitude oi public sentiment toward Gov. Baxter was talk ing place. Most of his republican supporsera
 forsook him. and efforts were made in the legis-
 lsture to secure his impeachment and removal
 from ofnce. but the movement failed.
 April IS. 1874 the attorneys of Brooks called | up the case against Baxter in tho circuit court
 for hearing. Bsxter's attorneys were no, | present, being in Attendence in the United
 States court. which was then In session. The
 circuit judge. John Whytock. proceeded tc | hear the case on the demurrer of Baxter and
 pronounced judgment overruling it. Then, in- | stead of making order that the defendant l should either answer further or else should | elect to stand on his demurrer, he proceeded | to enter final judgment on the merits of the l case, declaring that Brooks was entitled to the office of governor, and was entitled to q, ,2l6 | and that Baxter be busted from the ofice oi | governor.
 Mir Brooks. provided with a copy of the | judgment. immediately proceeded to the state
 house in company with about twenty men, and
 demanded possession of the oflce. Baxter re-
 fused to surrender it. whereupon MT Brooks
 followers forcibly elected Baxter and took
 possession of the apartments.
 Mir Brooks summoned as many of his fol.
 lowers as he could command. and seizing al | the arms which were in the state armory he | posted a strong guard around the building
 and gave evidence of intending to hold 1t by | force. Brooks issued call as governor fol
 troops and many responded
 Baxter established himself in St. Johns | College building. As soon as the condition o | affairs became known many citizens offered
 their services to Baxter for his support They
 were enrolled as state militia, and formed a | governors guard" arming themselves out o
 about sixty stand of cadet muskets. which were in the armory of that college. Gov Bax.
 ter appointed Col Robert c. Newton major.
 general of the state militia. The next day, es. l corted by his guard" Gov. Baxter moved | down town and established his headquarters
 at the Anthony House. within 300 yards o | 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 o
 the troops. and movement was projected te
 occupy the Capital Hotel or Deckla block. anc | the Benjamin block. and thus closely inves, | Brooks in the state house, but on telegraphis | instruction from the secretary of war Col | Rose. the commandant of the post at Little
 Rock. interposed his force of Federal troops | between the adversaries with Q view 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 to submit the question to them | to declare and determine who was the rightfu | governor. President Grant replied in tht | affirmative. and Gov. Baxter at once Issued | call convening the legislature in extra session l The assembly met May II. 1874. and as soor | as a quorum was obtained a concurrent reso.
 lution was passed recognizing Baxter as ths | lawful governor.
 | Accordingly. on May IS. 1874 President Grant
 issued his proclamation. deciding in favor o
 Baxter and calling upon Brooks followers te l disperse within ten days
 | he of hot sfd - fcb ba uda uf