Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1900-04-19
THE AGREEMENT

The agreed statement then continues az
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 faith
fully executed, is also specially charged
with the duty and invested with the power
of FILLING many offices in the State by ap'
pointment, and others by appointment to
fill vacancies; and also with the power to
issue commissions to many officers, wheth-
er appointed or elected by the people, and
also with the power to Issue pardOns and
to remit fnes and forfeitures.
"Botb plaintiff in error, William S. Tay'
lor, and defendant in error, j. G. w. Beck
ham, are claiming the right to perform all
the functions of the aforesaid office of gov
ernor, and each of them is attempting and
has actually attempted to perform many OF
said functions, such, for example, as issu-
ing pardons, and filling offices, by appoint
ment, etc.
''Some of the officers Of the State recOg-
nize the acts of the plaintiff in error, Will
lam S. Taylor, as the lawful acts Of the
governor of the State, and refuse to recog-
nize similar acts by defendant in error, j..
G. w. Beckham, while other officers ofthe
State recognize the acts of j. G. W. Beck
ham as the lawful acts Of the governor OF
the State and refuse to recognize the acts
of William S. Taylor as such governor.
"Among other officers whom the govern
or is recognized and required to appoint
are the officers of the eleemOsynary institu-
tions of the State, and each of the said two
claimants of the office of governor has at
tempted to fill the offices and some per-
sons recognize the authority OF the APP
pointees of one of the said claimants to the
offices and refuse to recognize those OF the
other, and vice versa.
IMPORTANCE OF EARLY DECISION.
"By reason of all these facts, and others
which might be enumerated, it is OF the
utmost i'm Importance to the people OF the
State of Kentucky that the question OF
the right to offices involved i'll the afore-
said litigation be determined. The ques-
tions OF law involved in said cause are OF
very great and grave Importance, involv'
ing the nature and extent Of the powers OF
an election contest tribunal and the pow
ers of the judiciary with relation thereto.
Mr. Louis McQuown appears as attorney
for Beckham and others of the Democrats.
while Holmes Bruce appears for Taylor and
other Republicans.
While Mr.. Bruce was presenting the
above statement of facts, the Chief Justice
asked him if he did not expect the ques-
ton of jurisdiction TO be raised, and
whether he did not also expect motion
to dismiss.
Mr. Bruce replied that both we're prob
able, but that there was such confusion IN
the State that all were anxious for de-
cision during the present term of the court
and that the course undertaken was APP
parently the only one open.
'If," he added, "the court should de-
eide to sustain the motion to dismiss fol
lack of jurisdiction, that would, Of course
end the controversy" If the opinion on
such motion should be adverse to dis
missal it would then, he admitted, prob
ably be too late to hear the case on 1T
merits.