The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-17
a HOURS GIVEN EACH SIDE
The Court May Dismiss For Lack of
Jurisdiction.
THAT RESULT WOULD END CONTROVERSY
SO Mr.. Bruce, Counsel For Taylor and
the Other Republicans in Answer to
Questions by the Chief JUS
lice, Admits
(By the Associated Press

(BN &lne aSSOclalcu 1TesS.D
Washington. April 16.--The cases in
vClving the Kentucky Governorship were
docketed in the United States Supreme
Court today. brief statement in which
counsel for both Taylor and Beckham
joined was filed at the same time asking
for an early hearing. The court ad-
vanced the case to be heard on the 30th
instant, and allotted each side four hours
for argument The agreed statement
sets out that both Taylor and Beckham
as Governor. John Marshall as Lieuten-
ant Governor on the Republican and l..
r. Carter as President pro tenn of the
Senate and John B. Castleman as Adju-
tant General on the Democratic side are
each and all claiming the right to and
are actually attempting to exercise the
powers of the respective offices severaly
claimed by them. thus producing great
confusion in Kentucky, by reason of tho
doubts as to which Of the persons named
has the lawful right to exercise the
authority pertaining to the several Of
fees named, all to the great injury and
detriment Of the people of the State.
The agreed statement then continues
as follows
Thus, under the Constitution and laws
OF Kentucky the Governor OF the State,
in addition to being charged generally
with the duty of seeing that the laws
are faithfully executed, is also especially
charged with the duty and invested with
the power of filling many important Of
fees in the State by appointment, some
by original appointment and others by
appointment to fill vacancies; and also
with the power to issue commission to
many Offices. whether appointed by him
or elected by the people and also with
the power to issue pardcns and to remit
fines and forfeitures.
Both plaintiff in error, William S.
Taylor and defendant in error j. C. w.
Beckham are claiming the right to per-
form all the founctions cf the aforesaid
office oft Governor, and each of them is
attempting and has actually attempted to
perform many Of the said functions, such
fer example as issuing pardons and fill
ing office by appointment, etc.
Some of the. officers Of the State recog-
nze the acts of the plaintiff in error,
William s. Taylor, as the lawful acts
OF the Governor of the State and refuse
tc recognize similar acts by defendant in
error, j. c. w, Beckham; while other Of
hcers CT the State recognize the acts Of
j. c. w. Beckham as the lawful acts of
the Governor of the State and refuse TO
recognize the acts of William S. Taylor
as Governor.
Among other officers whom the Gov
ernor is authorized and required to ap-
point are the officers of the eleemosynary
institutions of the State! and each of the
-
,ernor has attempted to fill said offices,
and some persons recognize the authority
of the appointees Of one of said claimants
to the offices and refuse to recognize
those of the other and vice versa. BY
reason of all these facts and others
which might be enumerated it is of the
utmost Importance TO the people of the
State of Kentucky that the question Of
the right to office involved in the afore-
said litigation be determined. The ques-
rons Of law involved in said causes are
of very great and grave interest and i'm
portance, involving the nature/ and eX-
tent of the powers of an election con-
test tribunal and the powers of the judi
ciary with relation thereto
Mr. Louis McQuown appears as attor-
ney for Beckham and others of the
Democrats, while Holm Bruce appears as
attorney for Taylor and other Repub-
licans.
While Mr.. Bruce was presenting the
above statement of facts the chief justice
asked him if he did not expect the ques-
tion Of jurisdiction to be raised and
whether he did not also expect a motion
to dismiss. Mr. Bruce replied that both
were probable, but that there was such
confusion in the State that all were anX-
ious for a decision during the present
term of the court, and that the course
undertaken was apparently the one open.
If he added, "the court should sus-
tain the motion to dismiss for lack of
jurisdiction, that result would, of course,
END the controversy"
If the opinion on such a motion should
be adverse to dismissal it would then be
admitted probably too late to hear the
case on its merits