Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-02
THE LAW IN THE CASE.
Views of Both Sides Regarding the
Kentucky Situation.

A number of the lawyers of the House
of both political parties have spent consid-
cradle time in consideration of the legal
phases of the situation in Kentucky.
Representative Grosyenor of Ohio said
last evening: 'It is beyond cavil that Tay-
| lor up to whatever action was taken yes
terday, was legally governor of Kentucky.
| because he held the certificate of election
from the board of electors under the Goe-
bel law. If the contest was legally passed
upon by the terms of the Goebel law then
Goebel is governor and Taylor is ousted.
Here two considerations arise. distin-
guished Kentucky lawyer informs me that
In the final proceedings each house must
act separately not the two houses jointly
If he is right then the action of yesterday
is void AS to the right of Taylor to con-
woke the legislature February at London
l give no opinion. as l am not suffi-
GENTLY familiar with the law of Kentucky
If it is legal order under the constitutlon
then any act of the legislature before that
date Is void.
Representative Rhea's View.
Representative Rhea of Kentucky said:
1.-The democrats have pursued constitu-
tional and peaceful methods, and public
sentiment must and will sustain this party
Goebel has been duly declared governor by
the only constitutional body authorized to
determine the rights of the contest. in a
perfectly legal and orderly manner. and will
| be sustained in the courts Of this coun-
try"
Representative Miers' Opinion.
Representative Miers. democrat. of Indi-
ana, who was judge of the circuit court OF
| Indiana for two terms, said that he had
| read the provision Of the Kentucky consi-
| tuition empowering tne governor to adj
| journ the legislature in case of war, in
-,lo
| he should fix, and it seemed to him that
| the governor must be the judge of the eX-
| istence of a state Of instructions. Gov.
Taylor having declared state of insurrec-
ton and adjourned the legislature to meet
February 6, 1t strikes me in an ofhand
way that no action taken by the members
of the legislature before that dale could be
| legal
TaylOr's Action Must Stand.
Representative Grout of Vermont said:
THE certificate of the election commits
sioners made Taylor's title as governor COM
| plete until legally set aside by the legisla-
ture. The committee Of the house had
found Goebel elected, and II that finding
had been legally adopted by the legislature
1t would unquestionably make Goe5el the
legal governor.
But meantime, Gov. Taylor. under pro-
vision in the constitution, called the legis-
lature together at London on the ground
tcat FRANKFORT was IN state OF lnsufrec-
ton. Whether the condition in Frankfort
justified this action of the governor is, Of
course, q proper inquiry for the courts, and
will venture mo- opinion upon 1t. Until
held illegal by the courts 1t must stand, and
the fact remains that the legislature was
not allowed to and did not assemble as a
legislature and adopt the report giving
Goebel the seat. IN an informal way it
declared him elected 1 believe the courts
will hold that the action of the legislature
should have been in the two houses as de-
lucrative bodies. regularly convened with
notice to the minority as well as the ma
jority of time and place. in order to make
its action legal, especially on so important
a matter as uriseatirg a governor.
II cannot seei how ,Goebefs title can be
held good on the Informal and ex pare ac-
ton Of the dernpcrats, even though Tay-
lors action may ultimately he held unJus:i-
question raised Is one of title ami not of