The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-04-29
THE KENTUCKY G0VERNORSRIF
TAYLOR AND MARSHALL HAVE
FILED THEIR BRIEF.
They Charge Violation of the CO n
stitution, Acts of Dcspotism
and other Things.

Washington, April 2S.-Counsel Tor Hon
William 8. Taylor and John Marshall, iu
the contest in the supreme court over the
offices of governor and lieutenant gov
ernor Of Kentucky, today filed their brief
in the case in that court. After review
ing the various points involved in the case
the brief concludes as follows:
I'VE will not attempt any resume OF the
arguments We have attempted so 10 di-
vide 1t as not to confuse 1t. We simply
| insist that the pretended adjudication
which Is pleaded by Mr.. Beckham as me
foundation OF his action, -hereby he
seeks to take from William S. Taylor and
| John Marshall the Offices to which they
certainly had the admitted prima facis
I right, and whereby he seeks to make him
self the governor OF Kentucky and the
chief magistrate OF her people Is an abb
solute nulllty; that IL was entered or
made In violation of rights secured both
I to William S. Taylor and to John Marshall
and to the people OF Kentucky by the
constitution OF the United States, and that
I when he comes Into court asking ar tho
( judicial enforcement OF this arbitrary
edict, the courts OF the lana, of which
this is the supreme head, should decline
to enforce It, We feel that in this case
is involved the question OF whether We
are political freemen or political seris;
| whether We vots by right secured by the
! law or by grace OF a few men. 1t matters
not that these men argue that they them
selves have been elected They are given
10 commission by the people to select a
governor for them and, as said by Mr..
Jefferson In speaking for himself and his
compatriots: An elective despotism was
not the government we fought for
we have been denied repubicanIsm
the principle has failed in its duty and We
call on the guarantser to make good its
guaranty. We ask for the protection OF
liberty and property against the arbitrary
exercise of powers OF the government"
The claim is made that Taylor received
a majority of 1888 votes over Goebel, ard
It Is asserted that when he was inaugural
ed no had as clear title Of record as
!, any man ever held"
1t IS asserted that there Is no contention
that Goebel was elected governor. but the
legislature "adjudged and declared that hs
had besn elected and 1t is on this the
contention is based They argue the case
under four heads:
l. AS TO the right to the office.
@ The right OF suffrage In the State.
3. The jurisdiction of the supreme court
OF the United States.
A. Tho legislative adjudication OF this
controversy.
On the question OF the action OF thu
Kentucky legislature an examination O
evidence Is entered upon with the resul
that the following conclusions are reached
by Governor Taylor's attorneys:
The general assembly had not wort
of evidence when 1t acted The member
OF the assembly acted without any knowl
edge OF the facts rs to said contests an
without any opportunity TO form judg
ment on the merits thereof, but acted ar
hltrar!ly, without knowledge, and merel
because they desired to ace Taylor an
Marshall deprived OF their offices.
This alleged trial was had at score
meeting, one held without any motto
either TO Taylor or to Marshall, or to
: single republican member OF the bod
itself, and without any opportunity TO au
of these parties 10 be present. The re
publican members, thus excTded. const
, tuted more than one-thlrd OF the entil
membership OF tho assembly.
The remarkable result was simply du
I TO the fact, and ~-s- S-fact, that befor
the contest was begun 1t was arrange
i, and agreed between Goebel and the men
= bers OF the general assembly that the cor
test should and would be decided In h
favor"
I Coming to tho grounds OF the contes
counsel claim that that tho thin ballot
I were furnished by the State and tina
therefore. the plea as 20 their use can n,
2 be properly made They deny that thel
was military intimidation at Louisville
] The brief in Governor Bockhams inter
est has not yet been filed.
Washington, April 2s,-w, S. Taylor o
Kentucky left this city at 2;15 o'clock thi
I afternoon over the Chesapeake and Oil
railway, presumably for Frankfort. though
. at his hotel II was stated that his destina
S ton was unknown. He had a short inter,
view slth the president before leaving
Mr.. Taylor left instructions at the hote
,, 20 forward his mail to Frankfort He wa
accompanied by his wife