North Park union., 1900-06-01

the writ of error from the Kentucky
Court of Appeals. The opinion was
handed down by Chief Justice Fuiier,
and vigorous dissenting opinion was
de.,vered by Justice Harlan. Justices
.rewer, Brown and McIIenna also dis
sented from portions Of the opinion.
After reviewing the facts In the case,
Chief Justice Fuller said: 1T Is opVl-
ously essential to the independence OF
the states and to their peace ana tran
guilty. and their power 10 prescrlDe
the qualifications of their own of1cers,
the tenure of their offices. the manner
| of their election and the grounds on
which the tribunals before which and
the mode in which such elections may
be contested should he excluded and
free from external Interference except
so far rs plainly provided by the con-
stitution OF the United States and
where controversies over the election OF
state officers have reached the state
courts In the manner provided ana
| have been determined in accordance
| with state constitutions and laws, the
cases must necessarily be rare in which
| the interference of this court can be
properly invoked"
"The grounds on which our juris-
diction Is sought to be maintained III
the present case are set forth in the er-
ror>s assigned to the effect In substance:
"First-That the action of the Gen
eral Assembly In the matter OF these
contests deprivcs plaintiffs in error OF
their offices without due process OF law.
"Second-That the action of the Gen
eral Assembly deprives the people OF
Kentucky Of the right to choose their
| own representatives. secured by the
tfIftf
IL Republican form of government to
every state. and deprires them of their
pontical liberty without due process of
law
For more than 100 years the consti-
tuition of Kentucky has provided that
contested elections for governor and
lieutenant governor shall be determine
I'd by the General Assembly. In 1879,
by Il committee to he selected from
both houses of the General Assembly,
and framed and regulated in such
manner as shall be directed by law;
since 1850. by both houses of the Gen
arul Assembly according to such regu-
lations as may be established by law.
'I'he highest court of the state has
often held. and in the present case has
again declared that under their consti-
tutiOnal provisions, the power of the
General Assembly to determine the re-
suit is exclusive and that Its decision is
! not open to judicial review.
''rhe statute enacted for the purpose
| of carrying the provision of the consti-
tuition into effect has been in existence
In substance since 1893. and many
states have similar constitutional pro-
visions and similar statutes.
We do not understand this statute
to be objected to in any manner OBJ,
noNious to constitutional objection, but
that plaintiffs In error complain Of the
action OF the General Assembly under
the statute under the Judgment OF the
state courts declining to disturb that
action.
at must he admitted that the view
that public office is not property has
been generally entertained in this coun-
try"
Quoting Butler VS.. The L. S. and
Crenshnw VS.. The L. s., the chief JUS
tice continued:
''The decisions are numerous to the
effect that public offices are mere
agencies or trusts and not property, as
such, nor are the salary and emolument
property, secured by contract but COM
pensation for services actually ren-
dered. Nor does the fact that constI-
tuition may forbid the Legislature from
nbolishing public office or diminish
Ing the salary thereof during the term
Of the incumbent. change It's character.
or make 1t property. True. restric-
tions limit the power of the Legislature
to deal with the office but even such
restrictions may he removed by consti-
tutional amendment.
"In short the nature of the relation
of public officer to the public is, gen
erally speaking. inconsistent with eth
er property or contract right"
There were three dissenting opinions,
but on only one of these was the opin-
ion expressed that the decision OF the
Kentucky Court of Appeals should he
reversed. This was delivered by JUS
tice Harlan. Justice McKenna was the
first OF the dissenters to be heard. He
stated that. while he concurred in the
result. he was not prepared to say that
public office was not property.
Justice Brewer also expressed views
antagOnistic to those of the court on
the point Of office as property. He also
beld the view that the United tSates
but contended that the decision of the
Kentucky courts should be affirmed in
stead of dismissing the writ of error.
He agreed with the Court of Appeals
OF Kentucky, that upon the award of
the assembly no other Judgment Gun be
entered than that which sustains 1t.
Governor Taylor Gives Up.
Louisville. May Ex-Governor Taylor
late this afternoon issued the follow
ing order:
ITO General d. II. Collier. Frankfort
Kentucky: The Supreme Court of the
United States having decided in favor
of Mfr. Reckham, nothing remains now
to be done except to dismiss the militia
and surrender your office to your sue
cessor. appointed by Mr. Beckham. You
are therefore directed to at once dis
miss the militia and surrender your Of
nee to your successor us soon as the
mandate of the Supreme Court is filed.
or sooner If you wish. Tender the mi
litin my kindest regards and sincere
thanks for their brave, manly and mt
riotic service. w. s. TNYIOR
The decision of the Supreme Court i'm
favor OF Governor Beckham means that
there will be the hottest election I'm
Kentucky for governor next November
that was ever known In The common.
wealth. Beckham MS lieutenant gov
ernor became the chief executive on the
death of Governor Goebel Februnrv
3rd. and under the law can serve only
until the election Of his successor at the
next election. 1t Is thought that Reck.
Fam will be the next Democratic nom.