The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-05-01
STRONG PLEA
FOR JUSTICE
AND LIBERTY
Attorney Bruce Makes an Able Ar
gument for Taylor Before the
Q. s. Supreme Court.
MANY NOTED KENTUCKIANS
Present-one Third of the Voters Of
the State Should not be De
prived Of Their Votes.

WASHINGTON, April SO.-The argu-
ment in the Kentucky gOvernorshIp
case was begun in the United States su-
preme court at 1880 to-day. The FIRST
presentation was made in behalf Of
Governor Taylor by Attorney Helm
Bruce.
Mr.. Bruce had a large audience OF dis
tInguIshed KentuckIans, and the lobby
of the court room was crowded. All
the members of the court were present
and from the beginning gave close at
tention to Mr.. Bruce's plea.
He said that Mr.. Taylor's contention
was for constitutional liberty and that
it was waged in a court Of justice and
not on a field of carnage, because in en-
tering the union Kentucky had surren-
dered Its right Of resistance. He came
to this court on the basis OF the princI-
pie laid down in former opinion of the
court to the effect that the arbitrary
exercise Of power of government unre.
strained by regard for private rights
and Justice could not be tolerated.
Taylor the Rightful Governor.
Mr.. Bruce reviewed the case at length
upon It's merits, contendlng that after
the issuance Of the credential Of cleo
ton. Mr.. Taylor was as much the gov
ernor Of Kentucky as any man who had
ever been inaugurated for that office. He
denied that the legislative adjudication
was any adjudication at all, contendlng
that to oust Mr.. Taylor by this process
would be to deprive him of his office by
despotic power and not by due process
Of law. The proceeding was not by due
process Of law as required by the con-
sututlon.
Referring to the contest before the
Kentucky legislature he said that the
report of the committee Of Investigation
presented no evidence and stated no
fact and that 1t was made to secret
meeting of the assembly, Of which no
Republican member had been notified:
In this connection he referred at. length
to the charge that the ballots used were
thinner than required by the law. II
this was true, he said. the wrong was
that of the state, IL wrong had been
committed.
Surely one-third OF the state could
not be deprived of the right of franchise
on such plea.
Maxwell Speaks for Beckham.
Mr., Bruce was followed by Hon. Law
renee N. Maxwell in Mr.. Beckham's In
terest. He said that the constitution of
Kentucky made the Legislature the ad-
Indicator in contests for state offices in
that state. The proceeding in this case
had been in accordance with the law
under the constitution. There had been
no authority as was claimed on the
other side for dlssolving the legislature
by Governor Taylor. Mr.. Maxwell con-
tended that the case presented no fed
eral question and that, therefore, the
federal supreme court Of appeals had
decided that Mr. Taylor had never ac-
aulred title to the office OF governor un-
der the constitution and laws OF the
state. The decision was final and the
national court had no part to play in the
proceeding. As to the certificate OF
election from the state board of can
vassers 1t was merely writing showing
the returns of the election officers. 1t
was no evidence of validity of title In
view Of the conclusion reached by the
constitutional authority which was the
state Legislature.
Mr.. Maxwell quoted authorities on the
point of jurisdiction. among them many
Ohio cases. He remarked that in Ohio
the right to hold office was held to be
almost as sacred as the right Of happi-
ness,