The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1900-05-04
His Side of the GovernOrship Con-
troverSy Before the U. s.
Supreme Court.
NO FEDERAL QUESTION IS INVOLVED.
An Office is Not Property and Attor-
ney MeQuown Urges That the
Case Be Dismissed.
Six More Suspects for Completely in
the Assassination of Senator
GOebeI Arraigned-Taylor
Returns Home.

Washington, May Louis Nc
Quown, attorney for j. C. w. Beck
ham, democratic governor of Ken
lucky, Monday filed his brief in the
United States supreme court in the
case involving the governorship of
the state. 1t is contended that the
provisions of the constitution and
statutes of Kentucky governing the
contested election of governor afford
due process of law" within the mean
ing of the fourteenth amendment to
the United States constitution. The
fourteenth amendment, according to
the brief, does not undertake to con-
troll the power of state to determine
by what process legal rights may be
asserted, provided the method gives
reasonable notice and affords a fair
opportunity to be heard, which is as
serted to be the case in the method of
contests in Kentucky.
1t is also insisted that there is no
property in political Office, and hence
its deprivation can not fall within the
inhibition of the fourteenth amend
ment. If this case presents federal
question, then, so the brief AYERS, ev-
cry election contest does also, and the
court of last resort would be convert
ed into supreme board of contests"
The motion to dismiss should be sus-
tanned, because there is no color of
federal question in the record.
The argument in the Kentucky gov
ernorship case was begun in the Uni
ted States supreme court at 1890
Monday. The first presentation was
made on behall of Gov. Taylor, by
Attorney Helm Bruce.
Although Gov. Taylor was not pres
ent, he having gone back to Kentucky
last week, there was large number
of Kentuckians in the courtroom,
including Senators Deboe and Lindsay,
and almost all the Kentucky mem
bers of the horke. The court gave
four hours a side for the arguments.
After Mr.. Bruce finishes Lawrence
Maxwell, Jr., and Lewis L. McQuown
will follow. The case will go over un-
til Tuesday, and ey-Gov. Bradley will
close the argument. There was a full
bench present Monday.
Frankfort, Ky, May 1.-The arraign-
ment of the suspects indicted and in
custody for completely in the assas-
sination of William Goebel began Mon
day afternoon. The hearing of proof
on the applications for bail will be
nearly as complete as the trials, when
they finally come on, as it is under
stood both sides will introduce prac-
tically all the proof they have on hand
at this time. Those who were ar
raigned are Caleb Powers, Harland
Whitaker, John Davis, Wharton
Golden, w. H. Cotton and "Tallow''
Dick Combs, colored. Henry E. Yout-
sey, one of the defendants who will
be in court on application for bail
has already been arraigned and has
entered plea of not guilty, His at.
torney, L. j. Crawford and r. w. Mel
son, of Newport, arrived Sunday night
Ex-Gov. Brown, j. c. Sims and all
the attorneys for those now under
arrest, charged with the murder oi
VIM. Goebel, arrived here Monday
morning.
All the defendants entered pleas ot
not guilty.
Ex-Gov. Brown, for the defense
rendered pardons granted to Powers
by Republican Gov. Taylor. A similar
paper was filed in the case of Johr
Davis, and was followed by motion
to dismiss. The motion was over
ruled.
Republican Gov. Taylor's return
Sunday surprised democrats. They ex
pected him to remain in the east. At
torney Jas. A. Violet endeavored Il
get an understanding as to bal
; for Taylor. Commonwealth At
torney Franklin refused to eithe
affirm or deny that an indictmen
has been returned. Taylor left TO
Louisville Sunday night. His depart
ure was unexpected by the republi
can politicians.
He refused to talk to newspape
men. DIR. c. X. Wallace, one of Tay
lor's political advisers. said the repub
lican governor would return her
Monday night.
Representatives of the prosecution
will not admit that an indictment ha
been returned. but say ''if one ha
been returned Taylor will have to g
through the same form of law to 81
cure bail as the other suspects"
=
4 new steamship Line Proposed.
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