The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-02
LEGAL OPINIONS.
Lawyer Members Of Congress Dis
cuss Kentucky Controversy.

cuss Kentucky Controversy.
WASHINGTON, Feb. Ia number of
lawyers of the house OF both parties spent
part Of the day in consideration of the
legal phases of the situation in Kentucky.
Representative Grosvenor, of Ohio, said:
'It Is beyond cavil that Taylor. up to
whatever action was taken yesterday.
was legally governor of Kentucky, be-
cause he held the certificate of election
from the board of elections. under the
Goebel law. If the contest was legally
passed upon by the terms of the Goebel
law. then Goebel is governor and Taylor
is ousted. Here two considerations arise.
A distinguished Kentucky lawyer informs
me that I'm the final proceedings each
house must act separatcly-not the two
houses jointly. If lie Is right. then the
action yesterday Is void. AS to the right
of Taylor to convoke the Legislature Feb
g. at London. can give TO opinion, as I
am not sufficiently familiar with the law
of Kentucky. IL IT Is a legal order I'M
der the constitution, then any act OF
the legislature before that date is void"
Representative Rhea, of Kentucky,
said:
1.-THE Democrats have pursued consti-
tutional and peaceful methods, and pub
lie sentiment must and will sustain the
party. Goebei has been duly declared
governor by the only constitutional body
authorized TO determine the rights of con-
test. In perfectly legal and orderly man.
ner. and will be sustained in the courts
of this country
Representative Myers Dem, Ind.), who
was Judge of the circuit court of Indiana
for two terms. said he had read the pro-
vision Of the Kentucky constitution en-
towering the governor to adjourn the legs
islature In case Of war. insurrection or
pestilence to such place as he should fix,
ard 1t seemed to him that the governor
must be the judge of the existence Of q
state of instruction.
"Goy. Taylor having declared a state
of instruction and adjourned the legis-
lature to meet Feb. 6, 1t strikes me, In
an off-hand way, that no action can be
taken by the members of. the legislature
before that date"
Representative Grow. of Vermont said!
1.-THE certificate of election commissions
ers made Taylor's title OF governor COM
plete until legally set aside by the legiS-
iature The committee of the house
had found Goebei elected. and If that
finding had been legally adopted by the
legislature, it would unquestionably make
Goebel the legal governor. But, mean
time, Gov Taylor, under a provision in
the constitution, called the legislature
together at London, on the ground that
Frankfort was In a state of instruction.
Whether the condition in Frankfort JUS
titled this action of the governor 1 cam
not say"
Representative Wheeler Dem., Ky)
said: s
1.-THE constitution of Kentucky provides
for the meeting Of the legislature a the
seat of government. 1t had been meet
ing there when the acting governor for
chilly restrained 1t from entering the hall
of representatives and prevented it from
meeting at any other point. The provi-
sion for meeting in legislative hall Is
merely directory. Failure to meet at that
place does not vitiate that act of legis-
lation, and ordering the oath administered
to contestee is admitted by the highest
law of the state The chief Justice adj
mitted this by administering the oath to
Goebel."