The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-04-07
KENTUCKY CONTEST IN
FAVOR OF BECKHAM.
Court Holds That IL Is Poweriess 70
Review the Partisan Action OF
the Legislature.

FRANKFORT. Ky. April 6The court
OF appeals today handed down decision
in the governorship case in favor OF the
Democrats The opinion IS by SIX OF the
judges, four Democrats and two Repuo-
licans, One Republican. Durelle. dissent
cd. The opinion holds that the action OF
the legislature in seating Beckham was
final. and that the courts have no power
to review it; that Taylor exceeded his au-
thority in adjourning the legislature 10
London, and that the journals of the two
houses of the legislature, being regular,
cannot be impeached
Judge purene was the only judge dts
senting The other two Republican Judges.
BurnaTn and Guffy gave a separate opin-
Ton from the Democratic judges. but which
agreed with the Democratic members in
Its conclusion. Judge Hobson wrote the
opinion of the court. The concurrence Of
Judges Burnsm and Guffy with the four
Democratic judges was a surprise gener-
ally but 70 the Republicans especially. and
there is much speculation now as 10
whether the talked Of appeal 10 the SD
preme court win be prosecuted Judges
BuTnam and Gumy. Republicans. while
concurring in the decision OF the court. dts
sented from the reasoning. Judge Bur
nam's opinion said:
1T is hard to imagine more fragrant
and partisan disregard Of the modes OF
procedure than is made manifest by the
facts alleged and relied on by contestants
and admitted by demurrer. and am firmly
convinced. from admitted facts. that tho
legislature, in the heat Of anger cngen-
dered by intense partisan excitement. have
done two faithful. conscientious and able
public servants an irreparable injury IN
depriving them OF the offices TO which
they were elected; and a stlil greater
wrong TO the large majority Of the eject
ors who voted, under difficult clrcum-
stances, 10 elect these servants. But we
are met at the threshold with the conton-
tion that the courts OF the state. under
the constitution, have no power TO go be-
hind the legislative journal and review the
judgment OF the assembly in the pro-
ceedings over which they are given by
the constitution conclusive Jurisdiction and
from whose determination OF the uues-
ton no appeal is provided. | have been
led with some reluctance to the conclu-
sion, and not without some misgvings "a
TO It's correctness, that there is no power
in the courts OF the state TO review the
findings of the general assembly In a con-
tested election for the Offices OF governor
and lieutenant governor, as shown by It's
only authenticated records Many uues-
uons have been raised and discussed by
counsel for the appellants but it w'l be
unnecessary to consider them In view OF
the conclusion we have reached on this
fundamental question"
bradley VIII Appeal.
Ex-Goy. w. o. Bradley chief counsel
for Gov. Taylor tonight authorized the
statement that an appeal on behalf OF
Gov. Taylor and Lieut. Gov Marshall will
be carried to the supreme court Of tho
United States Mr.. Bradley and Judge w.
n. Yost. counsel for the Republican state
officers, were in consultation with Gov.
Taylor for several hours this afternoon
and the above statement was made al tho
close of the conference II IL stated that
Col. w. c, L. Breckinridge and Repub-
liean leaders from different parts OF the
state will meet Taylor in conference here
tomorrow morning. Bx-Gov. Bradley said
we will not take advantage OF a tech-
nicality TO delay the progress OF the case.
The decision Of the court of appeals is not
disheartening to as. We will ask for n
writ of error TO the supreme court at once
and the contests will now be at an end
in a very short time"