The Forrest City times. [volume] (Forrest City, Ark.) 1871-1919, 1900-05-25

Grounds Upon which the Majority oe
the Court Base Their Action.
After reviewing the facts in the case,
Chief Justice Fuller said:

the Court Base Their Action.
After reviewing the facts in the case,
Chief Justice Fuller said:
1t is obviously essential to the inde-
pendence of the states and to their peace
and tranquility that their own officers the
tenure OF their officers, and manner OF
their election and the grounds on which
the tribunals before which and the mode
In which, such elections may pe contested
should be exclusive and free from ex-
ternal interference except. 50 far as
plainly provided by the constitution of the
United states, and where controversies
over the election OF state officers have
reached the state courts in the manner
provided and have been determined In ac-
eordance with state constitutions and
In which the interference Of this court
can be properly invoked.
The chief justice then reviewed the
cases of Boyd VS.. Thayer, Wilson vs..
North Carolina, Kerrard VS.. Louisiana,
and Foster VS.. Kansas, and continued:I
The grounds on which our jurisdic-
ton Is sought to be maintained in th9
present case are set forth in the errors
assigned to the effect in substance
THAT the action of the general as
sembly In the matter of these contests
deprives plaintiff in error of their offices
without due process of law.
2-That the action of the general as
sembly deprives the people of Kentucky
-
the federal constitution of republican
form OF government to every state, and
aepbivss deprive, a them Of their political liberty
For more than one hundred years the
constitution of Kentucky has provided
that contested elections for governor and
lieutenant-governor shall be determined
by the general assembly: In 1893, by q
COMMITTEES to be selected from both houses
OF the general assembly and framed and
regulated In such manner as shall be d.
rected by law; since 1850. by both houses
OF the general assembly according to such
law.
The statute enacted for the purpose OF
often held, and in the present case has
tutional provisions. the power OF the gem
eral assembly to determine the result is
exclusive, and that its decision Is not open
to judicial review. authorities quoted
here).
'The statute enacted for the purpose Of
carrying the provision of the constitu-
tion into effect has been in existence In
substance since lI99 and many of the
states have similar constitutional prov;-
sions and similar statutes.
The Dissenting Justices.
"After the chief justice had con-
cluded Justices McKenna, Brewer ani
Harlan read opinions dissenting from
the opinion of the court, Justice Har-
Ian entirely, and the others on certain
points. Justice Harlan in his dissent
quoted various authorities and then
said:
Notwithstanding these adiudications.
the decision to-day is that this court haa
no Jurisdiction to inquire whether the cit
izen has been deprived. without due pro-
cess OF law, of an office held by him un-
der the constitution and laws OF this
state. IL the contest between the one
holding the office and the person seeking
ture. in prescribed mode, this court, 1t
appears, can not inquire whether that
mode was pursued, and can not interfere
for the protection of the incumbent. even
IL the final action of the legislature was
confessedly capricious and arbitrary In
consistent with the recognized principles
that belong to due process Of law, and
not based, in any degree. on tho evidences
taken in the contest. IL the Kentucky
legislature gha had had wholly disreaarded the
state and without appointing board OF
contest composed of its own members,
had by joint resolution simply declared
Goebel to be governor, and especially X
such action had been held by the highest
court of the state to be conclusive this
court as We are informed by the decision
Just rendered, would be without turisdic-
ton, to protect the incumbent, for the
reason, as Is now adjudged. that the Of
nee In dispute is not property within tho
meaning of The fourteenth amendment.
SO that while We may inquire whether
the citizens land, or his mules have been
taken from him by the legislative. exeru-
without due process of law, we may not
inquire whether the Legislature or Judi
cial authorities of a state have, without
due process of law, ousted one lawfully
elected and holding the office OF governor
for fixed term, with a salary which
can not be diminished during such term.
and put into his place one whom the peo-
pie nave said should npt exercise the au-
thority appertaining to that high posi-
ton. When the fourteenth amendment
forbade any state from depriving any per-
son of life, liberty or property without
due process of law. I had supposed that
the purpose was to guard citizens against
being deprived of any legal right in vio-
lation of the fundamental guarantees that
inhere in due process of law
Gov. Tay Ior's Last Order.
Louisville KY, May 21.--Gov. Tay-
lor, late in the afternoon, issued the
following order:
To Gen. D. r. Collier. Frankfort, KY.
The supreme court of the United States
having decided in favor OF Mr.. Beckham,
nothing now remains to be done except
to dismiss The militia and surrender your
ONCE to your successor, appointed by Mr..
Beckham. You are. therefore directed