New-York tribune., 1900-05-06
FLAWS IN TAYLOR'S CASE.
DISCUSSED BY LAWYERS HERE-EX-SEN-
ATO9 WRAY'S OPINION IN KEN
TUCKY CONTEST.


TUCKY CONTEST
New-York lawyers expressed surprise yesterday
over the apparent neglect of the counsel repre-
senting Governor Taylor Kentucky to lay stress
on the alleged fact that the present election laws
of Kentucky do not conform to the Constitution OF
the United States. 1t was learned yesterday that
certain Republican friends of Governor Taylor in
this city had written him. calling his attention to
what appears to be a weakness in the brief filed
with the United States Supreme Court. Tne Ken
lucky case has been the subject of animated dis
cusson at the Lawyers Club and in legal circles
generally, and II Is believed that the brlef SUD-
mitted by Ex-Governor Bradley will be amended
Ex-state Senator Albert A. Wray. of No Il Wall
St, said yesterday:
have carefully examined the arguments in the
briefs of both contestants printed in The Irlb-
question the validity of the present Constitution
of Kentucky under the Constitution of the United
TinttS That to S my mind is the chief if not the
trolling, provision which should be submitted 70 % the
Supreme Court. The fundamental law controlling
every citizen OF the United States is the Constltu
on Of the M IN United s tn by
Congress under the Constitution AFTER these
Citizen in any State is Constitution of his own
State which is subject to the Constitution ana
Legislature of State passed in conformity to the
Constitution of State, are next in anthorty ana
troed only by ordinances passed by Boards OF
Aldermen Or other municipal autnOrltleS whom
the Legislature delegates such rights 1t VIII be
seen, then, that State law can have any bind
conformity to the Constitution of the United States
which is the supreme and last test to which any
law can be subjected
CONSTITUTIONAL PROVISIONS.
The Constitution of the United States provides as
Article " Section T. The United States shall
guarantee to every State in this Union repub-
The question then to be decided is. What did the
form Of government'? What form of government
will satisfy that provision of the constitution IoT
the trainers of the Constitution have in mind the
republican form of government of ancient Greece.
iCan republics did they have in mind the repub
can form Of f 5hfy se f9f
seems that it is beyond question that while
form of government as being the form which the
United States would guarantee, still the govern
ment they had in contemplation was government
the freedom and liberty of the citizens embodied
in the form of government provided for the United
Article of that Constitution places in the hands
of Congress all legislative power Article III places
in the hands of the President all executive power
United Uni states in the Supreme Court and such other
courts Congress may establish. II will be seen.
TEN of checks and counterchecks guarding against
the possibility of usurpation of power by any
trainers having in mind the danger in giving sole
10 any n or T them er annl warrant Of the
necessity of providirg against this menace to free
people. True the Federal Judiciary is appointed by
the Executive but by and with the consent of
of the legislative houses, and Immediately upon the
the Senate OF the judiciary the power 10 affect that
office is Immediately exhausted during the life or
the Federal judiciary may be removed before his
death except by Impeachment under due process OF
KENTUCKYs GOVERNMENT.
It to me thai the provided by
o contemplated
ton of the United States but that creates of the
power to decide who shall be the Executive. In
stead of providing that the Legislature may create
the election machinery necessary for the use OF the
people in eecting their Executive, this Constitu-
ton provides further that the hnal determinaton n
lature itself, thus giving the Legislature absolute
shall be the Governor of the state. In view of the
fact that every bill passed by the Legislature on
vetoed by the Governor. the opportunity and
temptation TO corruption in such constitution Is
beyond computation. The guarantee of the right of
suffrage amounts to nothing unless 1t goes far
enough to provide for the honest count and de-
termination of the result.
These considerations and the evident desire of
the trainers of the Constitution prevent am
btious men from obtaining control of the govern
ment of any State, and the language which they
used in reaching that result, think all point un-
mstakaby to the conclusion that the government
contemplated by, the present Constitution of Ken
lucky Is such republican form OF government
as is guaranteed to the citizen of Kentucky by the
preme Court of the United States in several in
not been decided so far as have been able to ds-
The earliest under this section
that of Luther Borden, Howard. l, which
grew out of the so-called Dorr rebellion in Rhode
Island In 1912. Daniel Webster was retained
side, and his argument concerned the necessity of
maintaining the rights and liberties provided by
the Constitution of the United States to the people
Of the respective States although this turned
on different question. two State governments at
tempting TO exercise their functions at the
time Another case was that of Texas VS.. White,
Wallace 700 which argued in reconstruction
days. where the decision in the former case was
referred TO and limited on the question Of the
jurisdiction of the Supreme Court to hear such a