The age-herald., 1900-04-29

ly had the admitted prima facie right, and whereby he seeks to make himself the governor of Kentucky and the chief magis- trate of her people, is an absolute nullity; that it was entered in violation of rights secured both to William s. Taylor and to John Marshall and to the people of Ken lucky by the constitution of the United States, and that when he comes into court asking for the judicial enforcement of his arbitrary edict, the courts of the land of which this is the supreme head, should de- cline to enforce it. We feel that in this case is involved the question of whether we are political freemen or political serfs; whether we have in Kentucky a republic or an oligarchy; whether we vote by right secured by the law, or by grace of a few men. It matters not that these men may themselves have been elected. They are given no commission by the people to se- lect a governor for them and said by MT. Jefferson in speaking for himself and his compatriots: An elective despotism was not the government we fought for
 We have been denied republicanism; the principle has failed in its duty and We call on the guarantor to make good its guaranty We ask for the protection of liberty and property against the arbitrary exercises of the powers of the govern ment."
 Taylor Received Majority
 The claim is made that Taylor received a majority of 2,3S3 votes over Goebel, and it is asserted that when he was inaugural ed he had "as clear title of record as any man ever held"
 It is asserted that there Is no conten- tion that Goebel was elected governor, but the legislature "adjudged and determ- ined that he had been elected" and it is upon this contention that the action is based.
 They argue the case under four head ings:
 l. As to the right to the office.
 ?. The right of suffrage in the state.
 B. The Jurisdiction of the United States supreme court.
 4 The legislative adjudication of the con troversy.
 On the question of the Kentucky legisla- ton an examination of the evidence is entered upon with the result that the fol- lowing conclusions are reached by Gov ernor Taylor's attorneys:
 "The general assembly had not a word of evidence when 1t acted. The members of the assembly acted without any knowledge of the facts as to said contests and with out any opportunity to form a judgment on the merits thereof; but acted arbitrarily without Knowledge, and merely because they desired to see Taylor and Marshall deprived of their office
 At a Secret Meeting
 This alleged trial was had at a secret meeting, one held without any notice either to Taylor or to Marshall, or to single republican member of the body itself and without any opportunity to any of these parties to be present. The republican mem- bers, thus excluded, constituted more than one third of the entire membership of the assembly,
 The remarkable result was simply due to the fact, and it is fact that before the contest was begun, it was arranged and agreed between Goebel and the members Of the general assembly that the contest should and would be decided in his favor" Coming to the grounds of the contest. counsel claim that the thin ballots were furnished by the state, and that therefore the plea as to their use cannot be properly made. They deny that there was military intimidation at Louisville
 The brief in Governor Beckham's interest has not been filed