The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-04-07
CIRCULATION STATEMENT.
SATURDAY. APRIL :. 1900.
The Kentucky Decision.

In the decision Of the Kentucky Court
cases. the whole contention OF the Taylor
ites is>swept away in this simple sentence:
THE judiciary have no power to sit IN
Judgment upon the motives Of an indie
pendent branch Of government. or to deny
legal effect to the record Of its action made
BY il pursuant to the Constitution"
The foregoing proposition is so iucontro-
Sertible in law and logic, that it is sur
prsing to learn that even one Republican
3urge could be found upon the appellate
bench sufficiently Indifferent to his judicial
reputation to attempt a denial Of il. There
s not a shadow of doubt as TO the intent
and meaning Of the Kentucky Constitution.
u gives the Legislature absolute power in
contested election cases involving the Of
hces OF Governor and Lieutenant Governor.
Go investigate and decide them, and its de-
risiOn is final.
IL follows necessarily. that a power Of
the Legislature constitutionally defined TO
be plenary and exclusive. cannot be ques-
toned or interfered with in any way by
another branch OF the State Government
Even if it were notorious that the pres
eat Legislature was composed OF men who
had not been honestly elected. IL being
established in Office the courts would
be bound to uphold it's actions 'pursu-
ant 10 the Constitution" But no such
question has been raised. Not even Tav-
Tor has assailed the regularity Of the
Legislature. and neither he nor the insur-
rectionary faction he is leading has a
leg left to stand on.
Under these conditions there is not law
yer ina Washington who does not know
that the scheme Of the Taylorites 20 carry
their ease to the United States Supreme
Court must be without hope Of success
and without honest purpose. n the Ken
lucky state Government is under any OBJ
legation to leave the defeated contestant
and his banditu i'm control OF the EXecu-
tive Building at Frankfort pending an ap-
peal useless and insincere on its face.
the TACT is TO be regretted. because. ap-
peal can have no other object than that
OF delay. and delay i'm the interest Of a
conspiracy to affect the status Of the Com
mOnwcalth and its legal voters at the
coming Presidential election. There is
not room for the smallest doubt that the
Supreme Court will affirm the decision
OF the Kentucky Court Of Appeals. if OF
when the opportunity is presented. But
the Supreme Court does not sit all the
year round. Il might be possible for the
Administration to obstruct the natter.
by resort 10 some one OF its shrewd and
daring methods. until the present session
OF the Court shall come to an end.
In ordinary circumstances we should
feel confident that at least an attempt
would be made in the direction suggested.
As matters stand however. there is a
chance that the Republican managers at
the Capital may hesitate to interfere too
actively IN behalf OF their Bluegrass h,gch-
man. in view of the strong probability
that before many days he may be called
upon % answer to an Indictment charging
him with completely in the murder of
Governor Goebel. Should such a mishsp
befall him. IL IS reasonably evident that
ne would then become too heavy a load
for the party TO carry through the cam
p5ign. This consideration may have the
effect OF qualifying the Administration
policy in regard to the judicial proceed
ings. and possibly may open the way to a
speedy hearing before the national tribu-
nal Of last resort If the farce of appeal
is 20 be enacted, the sooner it is over and
out OF the way. the better it will be for
the peace Of Kentucky and the reputation
OF The country at large