The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1900-05-03
BECKHAM'S BRIEF,
His Side Of the Governorship Con
troverSy Before the U. s.
Supreme Court.
NO FEDERAL QUESTION IS INVOLVED
AL oilice Is Not Property and Attor.
ney McQuown Urges That the
Case Be Dismissed.
six Moro Suspects for ComvIic,tx a.,
the AsSRssInntion OF senstor
""ebel ArrHiRned-Tayior
Returns Home.

Quown, attorney for j. {. W. Bccl
, nam, democratic governor OF Ker
tucky' Monday filed his brief in III
'hIted states supreme court in tn
case involving the governorshlp O
the state. IL is contended that In
provisions OF the constitution an
statutes of Kentucky governing Oh
contested election Of governor afYor,
dus process OF law" within the mean
ing OF the fourteenth amendment Z,
the United States constitution. Tn,
fourteenth amendment, according I,
the brief, does not undertake to con
troi the power OF a state TO determin,
by what process legal rights may b,
asserted, provided the method give,
reasonable notice and affords n fai,
opportunity to be heard, which is ss
serted to be the case in the method OF
contests in Kentucky.
1t is also insisted TINT there is No
property in political Office, and hence
It's deprivation can not fall within the
inhibition OF the fourteenth amend
ment. IL this case presents n federal
question, then, so the brief AYERS. ev.
cry election contest does also. and the
court OF last resort would be convert.
ed into supreme board OF contests" D."
The motion to dismiss should be SUE.
tained, because there In no color Of a
federal question in the record.
The argument in the Kentucky gov
ernorship case was begun in tho Uni
ted States supreme court at 1880
Monday. The first presentation was
made on behalf Of Gov. Taylor, by
Attorney Helm Bruce.
Although Gov. Taylor was not pres
ent, he having gone back to Kentucky
last week, there was large number
of kentuckians in the courtroom.
including Senator'S Deboe and Lindsay,
and almost all the Kentucky mem
bers OF the house. The court gave
four hours side for the arguments.
After Mr.. Bruce finishes Lawrence
Maxwell, Jr., and Lewis l.. McQuown
will follow. The case will go over un-
til Tuesday, and ex-Gov. Bradley will
close the argument. There was a full
bench present Monday.
Frankfort, Ky, May 1.-The arraign-
ment OF the suspects indicted and in
custody for completely in the assas-
sination of William Goebel began Mon
day afternoon. The hearing of proof
on the applications for bail will be
nearly as complete as the trials, when
they finally come on, as it is under
stood both sides will introduce prac-
tically all the proof they have on hand
at this time Those who were ar
raigned are Caleb Powers, Harland |
Whitaker. John Davis, Wharton
Golden, W. II. Cotton and "Tallow"
Dick Combs, colored. Henry i. Yout
sey, one of the defendants who will
be in court on application for bail,
has already been arraigned and has
entered a plea of not guilty. His at
torney, J.. j. Crawford and r. w. Nell
ION, of Newport, arrived Sunday night.
Ex-Gov. Brown, j. c. Sims and all
,he attorneys for those now under
arrest, charged with the murder OF
Vm. Goebel, arrived here Monday
morning.
All the defendants entered pleas of
lot guilty.
Ex-Gov. Brown. for the defense.
endered pardons granted TO Powers,
W Republican Gov. Taylor. A similar
,aper was filed in the case of John
Davis, and was followed by motion
O dismiss. The motion was over
uled.
Republican Gov. Taylor's return
unday surprised democrats. They cx-
ected him to remain in the east At
orney Jas. A. Violet endeavored to
ct an understanding ms to bail '
or Taylor. Commonwealth Al !
orney Franklin refused to either {
firm or deny that an indictment
as been returned. Taylor left for
ouisville Sunday night. His depart {
re- was unexpected by the republi- 7
an politicians. ,
lie refused to talk 10 newspaper (
ZEN. DIR. G. X. Wallace, one of Tay-
,r's political advisers, said the repub- ,
can governor would return here ,
Ionday night. {
Representatives of the prosecution :
i'll not admit that an indictment has =.
zen returned, but say "if one has 4
zen returned Taylor will have 10 go
trough the same form of law to Sc ),
ire bail as the other suspects.