Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-22
STATES RIGHTS.

The democratic press will endeavor to
make it appear that the supreme court
of the United States has affirmed the
right of Beckham to the ~gubernatorial
chair of Kentucky, in the matter of the
Taylor appeal. But this is not the case.
The majority opinion of that body, hand
ed down by Chief Justice Fuller, a Cleve-
land appointee, merely relegates back to
the people the settlement of what is
deemed to be a matter that belongs
strictly to the political department of the
state. It is held that the legislative
body of Kentucky, under the constitu-
ton of that state, is the sole judge in
the matter of contested elections, and
that an appeal from that power to the
supreme court cannot be recognized as
pertinent to the issues involved. Hence,
the decision-fraudulently m feloni-
ously made by the legislature of Ken
~tucky-that Goebel was elected governor
of that state, after Taylor had received
a clear plurality of votes cast, must
stand. The question as to how the legis-
lature arrived at it's partisan verdict
does not concern the supreme court, in
the opinion of Chief Justice Fuller, that
being a matter which the people of Ken
lucky must adjust through the political
agencies within their control under the
law. Three of the ablest members Of
the supreme bench-Justices McKenna,
Brewer and Harlan-dissented from the
opinion of the majority of that court,
their views being expressed by the latter
as follows: -=a
Notwithstanding this adjudication, the
decision to-day is that this court has no
jurisdiction to INQUIRE whether the citi-
zen has been deprived without due pro-
cess of law of an office held by him under
the constitution and laws of this state.
If the contest between the one holding
the office and the person seeking to hold
it is determinable by the legislature in a
prescribed mode, this court, it appears,
cannot determine whether that mode be
pursued and cannot interfere for the pro-
lection of the even if the final
act of the Legislature was confessedly
capricious and arbitrarily Inconsistent
with the recognized principles that be-
long to due process of law and not based.
49, 'AS @~oA~ 80 - NiOSAiSS SonS1 II LII
contest. If the Kentucky legislature had
wholly disregarded the mode. prescribed
by the statutes of that state and with
out appointing a board of contest COM
posed of it's own members had, by joint
resolution simply declared Goebel to be
governor and especially If such action
had been held by the highest court of the
state to be conclusive. this court, as we
are informed by the decision Just render
ed, would be without jurisdiction to pro-
tect the for the reason as is
now a%djudged that the office in dispute is
not properly within the meaning of the
18th amendment. So that while we NAV
inquire whether the citizens land or his
mules have been taken FROM him by the
legislative, executive or judicial authori-
ties of his state, without due process of
law, we may not inquire whether the
legislature or judicial authorities of a
state, have, without due process of law
Ousted one lawfully elected and HOLDING
: the office of governor for a fixed term for
a salary which cannot be diminished dur
Ing such term. and put into his place
one whom the people have said should
not exercise the authority appertainine