The evening times., 1900-04-07
SATURDAY. APRIL :, 1900
The Kentucky Decision.

In the decision of the Kentucky court
OF Appeals. in the Governorship contest
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 inde-
pendent branch Of government or to deny
legal effect to the record of its action made
b. it pursuant to the Constitution"
The foregoing proposition is so incontro-
sertible in law and logic, that it is sur
prising 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 ii. There
s. net shadow of doubt as to the intent
and meaning of the Kentucky Constitution.
a. gives the Legislature absolute power in
contested election cases involving the OF
fees of Governor and Lieutenant Governor,
60 investigate and decide them, and its de-
cision is final
1t follows. necessarily. that a power ot
the Legislature consttutionally defined 10
be plenary and exclusive. cannot be ques-
toned or interfered with in any way by
another branch of the State Government.
ent Legislature was composed of men who
had not been honestly elected, it being
established in Office the courts would
be bound to uphold its actions ''pursu-
ant TO the Constitution. But no such
question has been raised. Not even Tay-
Tor has assailed the regularity of the
Legislature. and neither he nor the insur-
rectionary faction be is leading has a
leg left to stand on.
Under these conditions there is not law
Yer in Washington who does not know
that the scheme Of the Taylorites to carry
their case to the United States Supreme
Court must be without hope Of success
and without honest purpose. If the Ken
tuckv state Government is under any OBJ
LEGATION to leave the defeated contestant
and his banditti in control OF the ENecu-
tive Building al Frankfort. pending an ap-
peal useless and insincere on its face,
the fact is to be regretted because. ap-
peal can have no other object than that
OF delay. and delay in the interest OF
conspiracy TO affect the status of the Com
monwealtb 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 or
when the opportunity is presented. But
the Supreme Court does not sit all the
wear round Ii might be possible for the
Administration to obstruct the matter,
by resort to 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
chance that the Republican managers at
the Capital may hesitate to interfere too
actively in behalf OF their Bluegrass hench-
msn: in view of the strong probability
that before many days he may be called
upon 20 answer TO an indictment charging
him with completely in the murder Of
Governor Goebel. Should such a mishap
befall him. il is reasonably evident that
ne would then become too heavy load
fer the party to carry through the cam
paign. 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
speedy hearing before the national tribu-
nal OF last resort If the farce of appeal
is 10 be enacted. the sooner il is over and
out Of the way. the better it viii be for
the peace of Kentucky and the reputation
OF the country at large.