New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-03
eoebel to the state House when he was foully
THE FEDERAL COURTS.


1t is in the cards for Governor Taylor to ap-
ply to the local courts for a mandamus directing
Warden Lilard to release the convict pardoned
by she Governor. II is contemplated that this
writ WIFI be refused Then the case by hurried
processes viii be carried through the Federal
courts until il reaches the tribunal of last resort
at Washington. The groundwork for an appeal
20 the Federal courts rests upon the fact that
in the theory of Governor Taylor the peniten-
tiary warden is uniusty depriving a man of his
liberty A contest along this line would go 10
the merits Of the Republican contention
If the FEDERAL courts should sustain Taylor.
Federal troops or United States marshals could
be sent to Frankfort, if necessary, to compel
Lillard 20 obey the courts writ and release
HE convict. This would be tantamount to a
court decision confirming Taylor in office.
There is no doubt at all that the Republican
members Of the Legislature will assemble at
London the little mountain town to which Gov
ernor Taylor has adjourned the Assembly. They
will meet there Tuesday and adjourn from day
TO day, until the constitutional limitation Of the
session expires. This will be twenty-five days
after they meet at London.
The Democratic members will stay here and
continue their farcical efforts at holding sessions.
Governor Taylor will not leave Frankfort
while this double legislative farce is being enact
ed. He will hold the fort with militia and his
armed mountaineers at the State House He
will continue to ignore the writs of the local
courts, as he did to-day, when he had the SOL
diers arrest and confine in the guardhouse a
military prisoner, subject to court martial.
Alonzo Walter. clerk Of the Goebel Contest Com
mittee. who was trying to serve on Governor
Taylor a court process.
THE PLAN OUTLINED.
In this course Governor Taylor is being in
dorsed by all of his partisans and his legal ad-
visers. They hold that the local courts are par
tisans and will not deal justly with the Gov
ernor They also hold that nothing the Demo-
cratic members of the Legislature do as a body
separate from the regular organization Of the
Assembly is legal or in any sense constitutional
After the Republican members have met and
adjourned from day to day for lack of a quorum
until the constitutional limit of the session has
expired the Republicans take the view that Gov
ernor Taylor will longer have the Legislature
on his hands Therefore the committee report
unseating him and seating Goebel cannot be
adopted by the Legislature, and, of course it will
not be assembled in extraordinary session. the
Governor alone having the authority to call the
body together. When the Democrats procure
their writ OF injunction from the State courts
restraining Taylor from exercising the functions
of Governor and dispossessing him OF the State
House and other public property, the posse
comitatus viii be called on by the Sheriff to
assist in enforcing the Courts decree. This
posse comitatus will consist of as many armed
and desperately determined Democrats
crowd into Frankfort. When this is undertaken
the posse will face the Calling guns, the 1000
militiamen and the mountain sharpshooters that
surround Governor Taylor. With a knowledge
of the facts and obvious prospects in mind the
conclusion is inevitable that the narrow streets
OF this quaint old town will with the hot
blood Of Kentucky unless by something akin
. to miracle the clash is averted