The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-03-04
CONSIDERING THE CASES
Judge Field Heard The Argument in The
Kentucky Contests.
EX-GOVERNOR BRADLEY FOR REPUBLICANS
Closing Speech Was Made by Mr.
Phelps, Who Represents Governor
Beclham-Appeal to BE Taken.

| the suit to determine the rights of the
rival claimants for the office of governor
was concluded today before Judge Field,
| who took the cases under advisement. A
decision is not expected for several days.
When 1t is announced an appeal will be
taken to the State court OF appeals. The
democrats claim that this is the court "
last resort. The republicans, however,
will try to get the case before the United
States supreme court II the decision is
against them.
Ex-Governor W. o. Bradley reiterated
the contention OF his fellow counsel that
the action of the legislature was not final
and charged unfairness in the selection Of
the contest board. One of the members.
he alleged, had bet on the result of the
election. Another enthusiastically Urged
Mr.. Goebel TO contest the election; an
other expressed the opinion that Taylor
and his contingent should be thrown out;
sill another member was interested IN
contest in the senate involving the
same questions involved in the republi
can cross notice of contest. He attacked
the validity of the legislatures accepts
ance of the report of the contest commit
tee, declaring that Governor Goebe had
not resigned and that Senator Hill had
qualified, making twenty members neoes-
sary to quorum. He pronounced the
legislature creature of the people, q
servant and slave of its creators and
ridiculed the contention that in it is
vested arbitrary power. Justice Cooley
was quoted to The effect that the finding
OF a contest board is final when the
board does not exceed its jurisdiction but
if the court is called on TO enforce the
Judgment OF such board the validity of its
finding must be determined. Justice
Cooley was again quoted to the effect
that minority candidate can not receive
an office In any case and the failure OF
the majority candidate to qualify can
not give the minority Candidate the office.
MIR. Phelps then began the closing
speech, The charge of the republicans
tnat the will of the people had been
thwarted by the democratic legislature
was declared false and a protest was en-
tered against such imputltons Go yeynor
Goebel was aotuated in his CO test by a
desire to see the peoples wishes carried
out. Mr.. Phelps agreed with counsel for
the opposition that minority ca idiiate
can not be elected, but he declared that he
was not representing a side that had re-
ceiVed a minority OF legal votes. Mr.
Phelps referred to the State board and
asked what body could have more abso-
lute and more arbitrary power than IA
vested In these three men This mower
was given by the Goebel election law
which has been held by The court OF aI,
peais to be constitutional. The right of the
legislature to decide the gubernatoriaI
contest is provided for by the constitution
ana the letter OF the law had been carried
out. Its action was not subject to re-
view. ~ re-
At the cunclc-son of Mr.. Phelps. arpu-
ment Judge Field took the case under al.
visement. az
There is nothing but tangles in tho
political muidle. The democrats stste
having been sworn In. pror,>%d
10 take a hitch in the republican holdons
py Tying up all the State funds in the
oanHs here. All Treasurer Days checks
lssuea ana dated prior TO February 26 will
IN IN De pad at the banks, but from that
sme On the holders of such checks, is
sueu py any one claiming to be State
treasurer will get the stony stare when
ihey present themselves at the banls
That the republicans inktndsd no gn.,ro
me acton of the State contest board was
demonstrated when they honored vouchers /
Ior pay ISSUED TO Chief Clerk Leigh Law
ssu'u cnecks in the Farmers bank OF
MS CITY. Leigh went to this bank. honina
% get his money before the or1er NJ 20
pay came. When he arrived. thera tbe
lank teller promptly notified him ~ tbs
lVtlee OF treasurer Hager, and that thew
would honor no checks on the STATE funds
ireasurer Day went himself to the hank
y hnow why his checks were not honore1
'na was tod that the banks attorneys
~ Nuftseu against honorng checks from
~ the courts. vas seNl'ed
This practically put an end to business
u the State departments. and tbe cisr,Ss
ave no work to do,
ne isF-reaehing complications tha. win
.tse because Of this can be seea 81 once
80 y IS stated that no salaries wiz he II
70 rem now on TO legislators cou,s
= appeals and circuit Judges nor an,
rtuer olhcer who is paid by the s.sHe
ne school teachers In every county vii
.. De paid the balance due on saiarias
ne prison and asylum employees viii OF
n, Sss, ana even the high and mighty
- -9s-or' with all his soldiers, can draw
ho sa'aty II has BEEN suggested tbat
ninn,. wih pe no trouble In getting The
onrts 'ases adyaHeed rapidly in the
e,va oM because the Judges will re-
prefnor Is finally settled. .
lae democratic State officers have nr,,
nS opened offices al the Capitol hofeI.
Gin nane made number of clerical ap-
,sI i,Assuis 70 carry on such OF Che States
ufiness as can be transacted ,,ndar ,ha
rcumstances. N"uer 'ns
s.ate treasurer Hager called ON tho a.
- OF the two local banks where s,ata
~, ste on deposit and was told by them
~ saey wers not honoring The stats
,s'ss sisnsd by Walter nav. ana would
\, = : probable that the county officers
~. S .ma VINO turn money over 10 the I
- euoItof WIN refuse 70 turn II nra. |