The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-04-07
The Court Of Appeals Declares that ne
Is The Legal Executive.
HE WAS ELECTED LIEUTENANT GOVERNOR
De Fncto TnyIor's ATTORNEYS VIII
now Ask United states supreme
Court to Review the Case.

Judge Field and declaring mat the action
Of the Legislature declaring William Goe-
bel to be elected governor and J. Q. W.
Beckham lieutenant governor, was final.
1t is held that the courts have no power
to review the action of the legislature;
that the de facto governor exceeded his
authority in adjourning the legislature to
meet at London. KY, and the journals OF
the two houses Of the general assembly
being regular can not be impeached.
The division Of the court was six to one
in favor Of the democrats, four democrats
and two republicans concurring in the ma
ioritv opinion Judge Durelle republican
dissenting. The majority opinion was
written by Judge Hobeon. Judges Guffey
and Burnam, republicans, wrote shorter
concurring opinions agreeing with the ma
jority on all vital points. but denouncing
the action OF the legislature in unseating
Governor Taylor and Lieutenant Governor
Marshall
After a consultation this afternoon be-
tween Ex-Governor Bradley and other re-
publican leaders, the announcement was
made that application would be made at
once to the United States supreme court
on writ OF error.
Judge Hobson's opinion reviews the facts
of the election. the contest and the APP
prevail by the legislature of the reports OF
the contest board He quotes the provis-
ions of the constitution governing the re-
latons between the governor and leglsla-
ture and continues From this provision
1t Is clear the governor had no power at
the time of the adjournment of the two
houses except In case of disagreement be-
tween them, There had been no disagree
ment between the two houses here and If
the governor could have adjourned them
from January 81 to February he might
have made the time one month or four
llOulHS duu tutu ny a PiONiohip7
tion adjourned them again and indefinitely
prevented action upon the contests. II is
also to be observed that while the consti-
tuition gives the governor power with re-
spect to the time of adjournment in case
of disagreement between the two houses,
1t confers upon him no such power to
name another place than that in which the
Legislature may be sitting.
The death OF Goebel on February did
not affect the right of the appellee. Beck
ham. II Goebel was elected governor and
Beckham lieutenant governor in November
Beckham, upon Goebel's death in Feb
ruary became entitled to the office OF
governor and had the right to continue
the contest to secure what the constitu-
ton guaranteed to him.
As to the validity OF the entries In the
Journal and the effect to be given to them,
the opinion says; lit is ALLEGED that the
journals are fraudulent, the work of
conspiracy between the clerks of the two
houses, certain of the members md the
contestants and that the facts shown by
the journals as to the presence Of the men,
bers of the two houses and the action
taken by them are untrue. The question
Is therefore can the court hear evidence
of this character assailing the integrity
OF the legislative journals?
THE journal of each house OF the gem
eral assembly kept pursuant TO the COLI
stitntion under the supervision OF tbs
house is. whom approved by the house,
cot the act OF the clerk, but the act OF
the house itself, and Is entitled to tn.
same respect as any of Its other official
acts, So far as we have seen, the author.
titles are unanimous that this can not he
received in court 10 impeaca the Rsraei,,
OF the record provided by the const,tutio,,
as evidence Of legislative proceedings. The
ground of all the decisions is that ,hs
judiciary have no power to sit In ,udg
ment upon the motives OF an ndepend-
ent oranch Of the government or den,
legal efect TO the record of It's action
solemnly made by It. pursuants fo ~
constitution II this we're allowed II woula
'oon follow that the independence NJ ~,
gslature would be DESTROYED altogether
As to the contention that the action n,
the legislature was In conflict WITH ~
fourteenth amendment OF the constitntin,
OF the united states the COURT saws. The
oihce on governor, being by the constitu-
might properly provide how the ofece .,as
70 be elected and how the resnlt ~ thIs
election should be determined Ths -
visions OF the constitution on thIs snh.
Ject do not aoridge the privileges "a no.
munities of citizens OF the United STATS
Such an Office is not " ana -
determining merely the result of ibe aia. :"
non, according TO its own laws tho ststa
deprives no one OF life. liberty or nran1
erty - ptpp'
We are unable to see ho,, tb;s
can be distinguished from any othar Lass
lative action taken In mater nvsr ,,,h'an
the constitution has given Inc le.isi..,, ~
exclusive Jurisdiction ana are .ss.h.
Of the opinion that the courts are wiz
out tnfisdic.ion to 20 behind the rseaua
made by. the legislature under Tho ' eon
stitution." '"e eoh-
judges Durham and Guffev MIN.
curing in the majority decisinns On III
Of law, have this to say Of the n me- pe,h.s
the case merits OF
We are tirnly convinced from ,a,,,,..
facts that the lersiaturc. n. fha LAfsu
anger. erSendered by Intense nsrt,s nvts OF
cNementi hss done two faithful cnnse, w
uous and able public servants an ~.
parable mary IN depriving Thorn :, 's
office TO which they were e,aa.. ~ 'ae
still greater wrong 10 the 1arcs - ano
ity OF electors who voted undsr AN slor-
conditions 10 elect these servants "''erent
DETAILED sToR,
OF the Conception and co,.
N IA. N In-N