The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-04-17
CONTEST GOES TO
SUPREME COURT
~Beckham-TayIOr Case to be
Heard on The Goth.
d HOURS Y EACH SIDE
The Court May Dismiss For Lack OF
Jurisdiction.
THAT RESULT WOULD END CONTROVERSY
50 Mr.. Bruce, Counsel FOR Taylor and
Ire Other Republicans 10 Answer TO
Questions by the Chief Jus
lice, Admits
CBv Tic Associated Prc>s.)

Washington. April 16.-The cases in
| volving the Kentucky Governorship We're
| docketed in the United States Supreme
Court today. \ brief statement in which
| counsel for both Taylor and Beckham
, Joined was filed at the same time asking
for an early hearing. The court ad-
| yanced the case TO be heard on the 3Oth
instant, and allotted each side four hours
for argument. The agreed statement
| sets out that both Taylor and Beckham
as Governor. John Marshall as Lieuten-
| ant Governor on the Republican and l..
Il. Garter as President pro tenn Of the
| Senate and John B.. Castleman as Adju-
tant General on the Democratic side are
each and all claiming the right to ana
are actually attempting TO exercise the
| powers of the respective offices seYerally
claimed by them, thus producing great
! confusion in Kentucky, by reason of the
doubts as to which Of the persons named
has the lawful right to exercise the
authority pertaining to the several Of
fees named, all 10 the great injury and
detriment Of the people of the State.
The agreed statement then continues
as follows:
Thus, under the Constitution and laws
Of Kentucky. the Governor Of the State.
i'll addition to being charged generally
with the duty Of seeing that the laws
are faithfully executed, is also especially
charged With the duty and invested with
the power of filling many important Of
fees in the State by appointment, some
by original appointment and others by
appointment to fill vacancies; and also
with the power to issue commission to
many Offices. whether appointed by him
or elected by the people and also with
the power to issue pardCns and to remit
fines and forfeiturcs.
Both plaintiff in error. William S.
Taylor and defendant in error j. G. w.
Beckham are claiming the right to per-
form all the founctions CT the aforesaid
office oft Governor. and each of them is
attempting and has actually attempted to
perform many of the said functions, such
for example as issuing pardons and fill
ing office by appointment, etc.
Some OF the officers CT the State recog-
nize the acts Of the plaintiff in error,
William S. Taylor, as the lawful acts
Of the Governor OF the State and refuse
to recognize similar acts by defendant in
error, J. c.. w. Beckham while other Of
Tcers Of the State recognize the acts OF
D. y. W. bechLaln as me lawful acts OF
the Governor of the State and refuse to
recC gnize the acts of William S. TAYLOR
as Governor.
Among other officers whom the Gov
ernOr is authorized and required to ap-
point are the officers of the eleemosynary
institutions of the State! and each of the
said two claimants to the office Of Coy
ernor has attempted to fill said offices.
and some persons recognize tho 9Ithnritr
OF the appointees Of one of said claimants
to the offices and refuse to recognize
these OF the other, and vice versa. By
reason Of all these facts and others
which might be enumerated it is of the
utmost Importance to the people of the
State of Kentucky that the question of
the right to office involved in the afore-
said litigation be determined. The oues-
items OF law involved in said causes are
of very great and grave interest and i'm
pcrtance, involving the nature and ex-
tent Of the powers Of an election con
test tribunal and the powers of the Judi
ciaTy with relation thereto.
Mr.. Louis McQuown appears as attor-
ney for Beckham and others of the
Democrats, while Holm Bruce appears as
attorney fer Taylor and other Repub-
- - 'iucc WAS presenting the
above statement of facts the chief Justice
asked him if he did not expect the cues
tlCn Ct jurisdiction to be raised. and
whether he did not also expect a motion
TO dismiss. Mr.. Bruce replied that both
We're probable, but that there was such
CONFUSION IN the State that all were any-
lous for a decision during the present
term OF the court, and that the course
Undertaken was apparently the one open.
II, he added, the court should sus-
tam the motion to dismiss for lack OF
jurisdiction, that result would, OF course. |
end the controversy
II the opinion on such a motion should
De adverse to dismissal it would then he
admitted probably too late TO hear the
case On its merits.
IInJyy.C< ~, r II i. q |