The Saint Paul globe., 1900-04-30

read the testimony, and the case probab1
will so over for at least several day
more.
On Thursday the senate will listen u
eulogies CT the late Representative Baird
OF louisiana
HOUSE FORECAST
Tie feature of the week in the house
will be the Nicaragua canal b II. which
will be considered Tuesday and Wednes-
day The elimination of the section. rela-
tive to the fertilization of the canal 1e-
moves the objections entertained to it by
the friends Of the -Pauncefote treaty,
but because of that very fact the resent
ment of some of the Democrats has been
aroused. The bill, however, doubtless
will command a very large ma jority when
it comes to a vote. Thursday will be given
up to the consideration Of the free
homes bill and Friday to war claims 3
Tomorrow is District of ColuInb day.
GOV. BECKEIAM'S BRIEF-
Lewis McQuown, attorney for ]. c. w
Beckham, has prepared and viii file his
brief tomorrow in the supreme court in
the case involving the title to the govern
orShip of Kentucky.
On the motion to dismiss, for want Of
jurisdiction in the supreme eurt, it IS
contended that the provision Of the consti-
tuition and the statutes of Kentucky gov
governor afford due proc SIS Of law
within the meaning of The fourteenth
amendment to the constitution of the
United States. AS to the sufficiency Of the
statute, 1t is contended: 1t wi be per-
ceived that by the provision cf the Ken
lucky statute, notice Of the contest spec
flying the grounds must be given within
thirty days after the action OF the can
vassing board, the members of the board
must be selected by lot and sworn 10 try
the contest, the board is required 20 as
sign a day for hearing the contest and
may adjourn from day to day, it las
power to compel the atte ndance Of wit
nesses and to swear them, it may ccm-
pei the production Cf papers ana records,
six members may render a deci si,n which
must be reported to both houses Of the
general assembly, which shall finally de-
termine the contest. Thus it would
seem that a hearing after PeasoaGble no.
tice is provided, and this is all due pro-
cess of law means. 1t IS not ncce Sary,
that the process should issue from a
court or that the hearing should be by
judicial officer. Neither is Il roc 'ssary
that there should be a trial by jury.
The supreme court Of the United States
in Iowa Central Railway Company vs..
Iowa, leo U. S. 332. Is quoted TO sustain
this point, as follows; ''It IS clear that
the fourteenth amendment In no way un-
QOIlGASS TO CONtfOl lLC poWSI Oh Il SlAl0
to determine by what process legal right
may be asserted or legal obligations be
enforced, provided the method of proceed
ure adopted for these purposes gives rea-
sonablc notice and affords a fair oppor-
tunity to be heard, before the issas are
decided"
The provisions Of the constitutions and
the statutes of Arkansas, Delaware, Geor-
gia Illinois, Indiana, Iowa, Kansas, Mis-
sissippi, Missouri, North Carolina, Oregon,
Pennsylvania, Tennessee and West vir-
ginia. it is conterdsd, are substantially
the same as the Kentucky provision and
statute regulating the procedure on the
trial of contested election for governor,
and 1t is contended, II the objection
be sustained IN this case. that Tic GORE
spending provisions Of all the states refer
red TO are likewise Invalid
| AS to the point made by the counsel Cor
Taylor that in the administration of the
law, the contest board ard he legisi1-
ture did not ALLOW sufficient time for hear
ing, It Is contended that, If the state pro-
vided q statute regulating the prccedure,
allowing a hearing after reasonable ne
tice, and the beard or legislature DEPART
cd from the statute and rendered an err
ronocus decision, tffs does not bring the
case within the purview OF the four
teenth amendment TO the federal constl-
tuition