New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-04-29
THE FRAUDS IN KENTUCKY
BRIEF FOR TAYLOR AND MARSHALL
FILED IN THE SUPREME COURT.

Washington April 2S-CounseI for William S.
Taylor and John Marshall in the contest in the
Supreme Court for the offices of Governor and
observation-disclosures of Kentucky filed their brief
In the case I'm that court to-day The brief is
signed by James p. Helm. Helm Bruce and Ken
nedy Helm, a counsel, while the names OF ex-
Governor W. o. Bradley. w. H. Yost.' A. f. Will
son, D. W. Farlegh. ". c. p. Breckenridge and
John Shelby appended as of counsel
After reviewing the various points involved in
the case the brief concludes as follows:
We viii not attempt any resume of the argument;
we nave attempIed so 10 divide II as nov 20 con
Indication which is pleaded by Mr.. Beckham as
70 take from William S. Taylor and John Marshall
the offices to which they certainly had the ad-
to make himself the Governor of Kentucky and the
nuity that it vas entered or made in violation
of right secured both William S. Taylor and TO
the Constit1ton Of the Uhted states and that
when he comes into court asking for the judioia!
Of the land of which this is the supreme head,
should decline I enforce 1t.
We feel that In this case is involved the question
of whether are political freemen political
an oligarchy whether by right secured
that these men themselves may have been elected.
They were given no commission by the people TO
Jefferson. speaking for Himself and his COM
patriots: An elective despotism was not the gov
We have been denied republicanisrn the principle
tor to make good its guarantee. We ask for the
protection Of liberty and property against the
ment.''
The claim is made that Taylor received a major
tty of 2,SS5 votes Goebel. 1t is asserted
that when he inaugurated he had clear
title Of record as any held" 1t IS
serted that there is contention that Goehel
elected Governor but the Legislature "adjudged
and determined that he had been elected" that
it is on this contention that the action based.
The assignment of error is made under two head
ings as follows:
Ftrst-The alleged legislative judgment as upheld
and enforced by the judgment in this action, a
mere arnitrary act Of the State and deprves plain.
law and therefore is unconstitutional.
Second-This judgment If upheld and enforced de-
choose their own representatives which right is
secured by the Federal Constitution in its guar
sntee OF a republican form Of government TO every
without due process of law.
They argue the under four headings as fol-
lows:
As to the right to the office.
The Jurisdiction of the Supreme Court of the
United States.
The legislative adjudication Of the controversy.
FOUR CONCLUSIONS REACHED
The conclusions reached on these points are as
follows:
FI-st-That the right to an Office of the charac-
ter now under consideration is right which Is Sc
and cannot be taken away by the State acting
second-That when the people of, the. State by
and have provided for a direct by those upon
must he allowed to vote and Tins ~ cbonea + Iey
TePfeSenfaIyyes; ana mat any arbitrary depri-
rartment or agency OF the State, whether execu-
tive, legislative or judicial is forbidden by the
Federal Constitution.
Thrd-After quoting various authorities the
counsel say:
From these considerations it must be manifest
that the claim Of immunity from judicial inquiry
well, which was made and allowed in the State
cation" cannot be allowed here. It receives no
peculiar sanction from the fact that i is claimed
the General Assembly itself, nor the Court Of
of law Because we ha8s said vas and que hreby
deprive this Court Of the power to inquire into the
matter for itself
lucky Legislature examination of the evidence
is entered upon and the following conclusions are
reached:
The General Assembly had not word Of evidence
Teturned to 1t ny the committee which heard it,
The members Of the Assembly acted without any
without any opportunity to form judgment on
the merits thereof, but acted arbitrarily. without
knowledge. and merely because they desired to see
Taylor and Marshall deprived of their offices.
This alleged trial had at a secret meeting
one held without any notice either to Taylor or 70
BODY Itself and without anv opportunitv 10 any
of these parties 70 De present: The Republican
third Of the entire membership Of the Assembly.
The remarkable result simply due the
fact. and IL is fact. that before the contest
begun 1t was arranged and agreed between GoebeI
and the mem bers of the General Assembly that
the contest should and would be decided in his
favor.
Coming to the grounds OF the contest, counsel
say that the thin ballots furnished by the
State. and therefore the plea their use can
not properly be made. They deny that there was
military intimidation at Louisville.
The brief in Beckham's interest has not yet been
filed.