The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-01
KENTUCKY CASE ARGUED.
SUPREME COURT HEARS THE Gov
ERNORsHIP CONTEST.
For Taylor 1t Is Contended That the
Action of the Secret Caucus Was
Not Legislative Action-Conten-
ton of Attorneys for Beckham.

WASHINGTON, April 30.-The argument
In the Kentucky governorship case was
begun In the United States supreme court
today. The first presentation was made
on behalf of Gov, Taylor, by Attorney
Helm Bruce. Mr.. Bruce reviewed the case
at length upon its merits, contendiag that
after the issuance Of the certificate Of cleo
ton, Mr. Taylor was as much the gov
ernor or Kentucky as any man who ever
had been inaugurated for that Office. He
denied the legislative adjudication was any
adjudication at all. contending that to Gust
MI. Taylor by this process would he to
deprive him of his Office by despotic power
and not by due process of law
referring to the contest before the Zen
lucky legislature he said the report CT the
committee OF investigation presented no
evidence and stated no fact and that 1t
was made to secret meeting of the as
sembly. of which no Republican member
mad been notified. In this connection he
referred at length to the charge ina. the
ballots used were thinner than required
by law. II this was true, he said the
wrong was that Of the state, If wrong had
neen committed; surely one-tnird of the
voters OF the state could not be deprived
OF the right of franchise on such plea
Bruce was followed by Hon. Lawrence
Maxwell. In Mr.. Beckham's interest ne
SAID that the constitution OF Kentucky
made the legislature the adjudicator in
contests for state offices In that state
Inc proceeding In this case had been in
accordance with the law, under the con-
stitutton. There had been no authority
as was claimed on the other side. for
dissolving the legislature by Gov. Taylor
Mr.. Maxwell contended that the case pre-
sented no federal question and that there
fore the federal supreme court had no
adjudication. The Kentucky state court of
appeals had decided that Mr.. Taylor had
never acquired title to the office Of gov
ernor under the constitution and laws of
the sta.e. rhe decision was final and na-
tional courts had no part to play IN the
proceedings As to the certificate Of cleo
ton from the state board of canvassers,
1t was merely writing showing the re-
turns OF the election officers. 1t was no
evidence Of validity of title, in view of the
conclusion reached by the constitutional
authority which was the state legislature.
In view of the fact that the case was
merely state question. Mr. Maxwell
Thought 1t unnecessary to consider the ap-
plication OF the fourteenth amendment to
the constitution. concerning the taking Of
property without due process of law. As
a matter OF fact that amendment could
only be brought into requisition on case
not true In this instance The decision
OF the Kentucky court showed that Mr..
Taylor had never held any title to the
office claimed by him.
Mr. Louis McQuown also appeared FOR
Mr. Beckham, going over all the points at
issue.
When Mr. McQuown concluded the court
adjourned for the day.
Ex-Gov. Bradley, who Is to make the
concluding speech for Gov Taylor Is the
only attorney still to be heard.