New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-03
THE KENTUCKY SITUATION

The Presidents decision that the situation In
Kentucky does not at present call for Federal
Intervention will be generally approved. How
ever widely opinions and sympathes in respect
10 dangerous controversy may differ, the facts
would not justify compliance with Governor
Taylor's supposed appeal to the National au-
thorites. We do not give the official designa-
ton to Mr.. Taylor merely for the sake OF con
venence, for though the condition of affairs at
Frankfort is exceedingly complicated II apnears
to us that, until the Legislature has succeeded
in bestowing on Mr.. Goebel a better title than
that which was conveyed by the mere sigma
lures of a majority TO declaration passed from
hand TO hand in a hotel, the man who was regu-
larly sworn in a month ago will continue to be
the Governor of Kentucky instead of the man
who was irreguarly sworn in on Wednesday
night
The Incidents Of the last twenty four hours
nevertheless, do not seem to have strengthened
Governor Taylor's position. while the beginning
of injunction proceedings, of which he has been
duly served with notice. may cause him addi-
uonal embarrassment. If the question of his
legal authority to adjourn the Legislature TO re
convene 1t at London next week, and in the
mean time forcibly to prevent it from meeting
in the Capitol or elsewhere should be taken into
the courts and decided against him. he would be
placed al a serious disadvantage. The troops
might then refuse to obey his orders, and even
if he were able to command their services their
employment in furtherance of his plans would
probably deprive him of the moral support
which he must consider Indispensable
Further examination of the Kentucky Consti-
tuition does not tend to justify the Governors
course in dispensing the Legislature 1t may
assemble elsewhere than at the seat of gov
eminent "by proclamation of the Governor" "in
case of war, insurrection or pestilence" and the
contention that, having once assembled at the
capital, the Governor cannot order 1t to meet
elsewhere, even though war, Instruction or
pestilence break ont, seems to foolish, since
that Interpretation Of the word assemble
might defeat the obvious purpose Of the consti-
tutional provision. But there remains the far
more serious doubt whether any one of the pre-
scribed conditions essential to a change of meet
| ing place has been fulfilled. There is no war or
pestilence in Frankfort and If there Is an insur-
recton II does not answer to any accepted def
inition of the word. The Legislature was en-
gagged as we believe In Job of outrageous IN
| justice, but it was apparently proceeding ac-
cording TO the forms Of law. That an insurrec-
ton might have followed the accomplishment OF
its purpose to seat GoebeI is not impossible and
the Governor may have done well to call militia
regiments to Frankfort But he cannot claim
credit for preserving the peace and at the same
time plead the existence of an insurrection as q
constitutional warrant for dispensing the Legis-
lature We must still regret that he did not re-
solve 10 hold his office until technically legal
usurpation had been actually decreed. and then
TO appeal to the courts and ultimately to the
people.