New-York tribune., 1900-05-02
KENTUCKY HEARING CLOSED.
EX-GOVERNOR BRADLEY MAKES THE
FINAL ARGUMENT FOR TAYLOR
IN THE SUPREME COURT.

| Washington. May 1.-The Supreme Court resumed
| its hearing to-day in the Kentucky Governorship
| case. w. O. Bradley, Ex-Governor Of that State,
| being the only speaker. He appeared for Governor
| Taylor taking up first the claim of the opposition
| that Taylor had never possessed any title 10 the
| office. He contended that TaylOrs title was as
good that of any man who rad ever held the
office. This was the first that the State
had ever had over that office. and this contest
would never have occurred but for what he char
acterized the ubiquitous election law known as
the Goebel law. He argued that TayIor's title
complete; that he not only de iure Governor.
but de facto Governor WELL and that every step
he had taken as Governor was officially good under
the law.
the point Jurisdiction he contended that the
pending case is similar that of Thayer against
Boyd. of Nebraska In which jurisdiction had been
assumed He met the argument of Beckham's
counsel that office not property by quoting
authorities TO the contrary. He said that Office
a species OF property because IL right
of vaIue-a privilege of citizenship of worth 10
man. 1t Of the rights privileges coming
under the protection guaranteed by the Fourteenth
Amendment Of the Constitution, and therefore
subject to review by the highest Federal No
State could disregard this constitutional provision,
could any State Legislature assume to be
perior to it. In case like this of the Governor
ship there such thing appeal the
people. The adjudication necessary. And
why appeal?" Mr.. Bradley asked with ap-
parent bitterness in his tone IF We appeal to the
ballot box" he continued, is it not easier now 10
defy the expressed will of the people than it has
ever been. even in this case when there has been
such open defiance of the expressed desire or
the electors of the State?"
Under the State Constitution the Legislature was
nothing more than Board of Contest. This was a
special power. and il limited by the Constitu-
ton If this limitation transcribed the act was
tyranniCal. and such the speaker declared the act
of the Legislature in this to be He challenged
the method observed in drawing the Board, some
of the members of it themselves had contests pend
ing while another had laid a wager on the result.
On this account. according TO precedent, the de-
cision of the Board must be held void, the mem
bers of the Board being judges in their own cases
Furthermore. there had been time for reasonable
hearing sufficient notice. Seventeen hundred
pages of testimony were taken, but time
allowed 10 the Legislature read a word of II.
All this, Mr.. Bradley asserted, was denial of the
due process of law guaranteed by the Consttu-
ton
Mr.. Bradley attacked the finding of the Legislat
ure irregular. and therefore void And they
have much power" he said. Ito bring back
life the body of Mr. Goebel to put life into
transaction which is void" He closed with ap
peal for recognition by the court. Instead of bend
ing the the Legislature, the court, he said.
should investigate their processes, and see that
they were in accord with the requirements of the
Constitution. The occasion was momentous one
for the people of Kentucky. This was the first
fight which had been made south of the Ohio for
the preservation OF civil liberty by the of
the courts "and if fall he said. lit is liable
be the last The same blighting influence of arbi-
trary power is go further and extend 10
other States If there is not supreme tribunal
to which the people can come with assurance of
such recognition will guarantee the preservation
Of their privileges and inmunitieS. If we fail here
condition is pitiabe indeed for an appeal TO the
ballot box will in the fact of that failure, more
worthless the future than it has been in the past
our bill Of rights, though written IN the blood OF
martyrs, will be worthless TO us if the agencies
given for our protection turn upon and betray us
When Mr.. Bradley closed the court took recess
until May -