The age-herald., 1900-04-07
DEMOCRATS JET
 THE DECISION Court of Appeals Declares Leg sIature's Action Final, | COULD NOT BE REVIEWED Journal of the Two Houses Could Not be Impeached. THE REPUBLICANS AGAIN APPEAL They Will Attempt to Get the Case Be- fore the United States Su-
 preme Court-Full Re-
 view of Case
Journal of the Two Houses Could Not be Impeached.
THE REPUBLICANS AGAIN APPEAL

Frankfort Ky, April e.-The court of appeals today rendered a decision in the consolidated case involving the governor ship of Kentucky, sustaining the decision of Circuit Judge Field and declaring that the action of the legislature declaring William Goebel to be governor and J. C. w. Beckham lieutenant governor was final It is held that the courts have no power to review this action of the legisla- ture; that the governor exceeded his au- thority in adjourning the legislature to meet at London, Ky, and that the journals of the two houses of the general assembly, being regular, cannot be impeached. The division of the court was six to one in fa- vor of the democrats four democrats and two republicans concurring in the majori- ty opinion.
 Afer a consultation this afternoon be- tween ex-Governor Bradley and other re- publican leaders the announcement was made that application would be made at once to the United States supreme court on writ of error.
 Judge Hobsons opinion reviews the facts of the election, the contest and the ap- proval by the legislature of the reports of the contest board. He quotes the pro- vision of the constitution governing the re- lations between the governor and the leg islature and continues:
 ''Frorl this provision 1t is clear that the governor had no power over the time of the adjournment of the two houses except in cases of disagreement between them. There had been no disagreement between the two houses here, and if the governor could have adjourned from January a to February 6, he might have made the time one month or four months, and then by a similar proclamation adjourned them again and indefinitely prevented action upon the contest"
 The Validity of Entries
 As to the validity of the entries in the journal and the effect to be given to them, the opinion says:
 Tt is alleged that the journals are fraud ulent, the work of conspiracy between the clerks of the two houses, certain of the members and the contestants and that the facts shown by the journals as to the presence of the members of the two houses and the action taken by them are untrue. The question is, therefore, can the court hear evidence of this character assailing the integrity of the legislative journals?
 "The journal of each house of the gen. eral assembly, kept pursuant to the con- stitution under the supervision of the house, is, when approved by the house, not the act of the clerk, but the act of the house itself, and is entitled to the same respect as any other of it's official acts. So far we have seen, the authorities are uniform that evidence cannot be re- ceived in court to impeach the verity of the record provided by the constitution as evidence of legislative proceedings. The ground of all the deciisons is that the judiicary have no power to sit in judgment upon the motives of an independent branch of the government, or deny legal effect to the record of its action, solemnly made by 1t, pursuant to the constitution. If this were allowed it would soon follow that the independence of the legislature would be destroyed altogether"
 The Fourteenth Amendment
 As to the contention that the action of the legislature was in conflict with the fourteenth amendment to the constitution the court says:
 H''The office of governor being created by the constitution of the state, the instru- ment creating it might properly provide how the office was to be elected, and bow the result of this election should be de-