The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-04
THE SITUATION IN KENTUCKY.
From ibc Ncr York Evening Posil

From the New York Evening Post)
That claimant to the executive office in
Kentucky whom we have been calling Gov
ernor Taylor appears to be aware of the
blunder that he has committed in pre-
venting the Legislature from meeting. He
now calls loudly on the President of the
Uaited States to bolster him up. but he
does not assign constitutional reasons for
such action. He asserts that the condition
Of affairs is most critical. that riot may
occur at any time. and that he doubts his
power to control the situation; but the
President is not authorized to intervene in
State affairs on such grounds. He ignores
the fact that the legal presumption is now
against his being anything more than a
private citizen. He was awarded a eertif-
cate of election to the Office of Governor,
subject to the final decision of the Legisla-
ture That decision has been pronounced
against him; informally no doubt, but with
informality due to his revolutionary con-
duct and Intentionally created by him In
order that he might take advantage Of it.
1t may even be conceded, although it is
scarcely probable that the Kentucky courts
will take this view of it, that the Goebel
law requires the two houses of the Legis-
lature to meet separately when they de-
eide contested election, and that no legal
decision has yet been made. The law is
not very specific on this point. 1t pro-
vides for a board OF investigation Of the
vote for Governor, and that its decision
shall not be final nor conclusive. but shall
be reported to the two houses of the Gen.
eral Assembly for the further action of the
General Assembly. And the General As
sembly shall then determine such contest
Whether the General Assembly has duly
followed the statute or not is at present
immaterial. 1t has given its decision.
which is to the effect that Taylor was not
elected Governor, and that Goebel was. II
Taylor is aggrieved by this decision, his
first remedy is in the courts. Not until
the courts of Kentucky have palpably de-
MED him justice can he take an appeal
elsewhere, or excuse the resort to arms.
As to the duty OF the President. the Re
vised Statutes provide that, lin case of an
instruction in any State against the gov
eminent thereof, il shall be lawful for the
President, on application OF the Legisls
ture of such State, or of the Executive.
when the Legislature cannot be convened,
to call forth militia or United States
forces sufficient to suppress such insurrec-
ton. 1t is very certain that the Legisla-
ture Of Kentucky has not applied to the
President, and it is equally certain that it
can be convened. Nothing binders its
convention but the interference of the
Executive. and we have the absurd situa-
ton OF an appeal to the President by
State Executive who is himself in insur-
rection against the government of his
State. The Legislature cannot be con-
vened because Mr.. Taylor will not let 1t
be convened, and therefore he calls on the
Federal Government for help. His appeal
is as ridiculous as that OF the man who
was put on trial for numbering his father
and claiming the pity OF the Jury because
he was an orphan.