The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-05-01
SAYS TAYLOR'S GOVERNOR
Denies Legislative Adjudication Was
Any Adjudication at All.
Mr.. MAXWELL APPEARS FOR BECKHAM
He Contends That the Kentucky Court of APP
peaIS' Decision is Final. Mr.. McQuown
Argues to the Same Effect. Brad
ley Speaks Today.
ley Speaks Today.
(By the Associated Press.)


Washington April 30.-The argument
in the Kentucky governorship case was
begun in the United States Supreme Court
at 1890 today The court room was
crowded. The first presentation was made
in behalf of Governor Taylor by Attorney
Helm Bruce.
He said that Mr.. Taylor's contention
was for constitutional liberty and that
it was waged in a court of justice and not
on a field of carnage because in enter
ing the Union Kentucky had surrendered
its right of resistance. Mr.. Bruce con-
tended that after the issuance of the GER
tifcates of election Mr.. Taylor was as
much the Governor of Kentucky as any
man who had ever been inaugurated for
that office. He denied that the legisla-
tive adjudication was any adjudication at
all.
The proceeding was not by due process
of law as required by the Constitution.
He said that the report of the COM
mittee of Investigation presented no evil
dence and stated no fact and that it was
bly, of which no Republican member had
been notified.
Mr. Bruce contended for the jurisdiction
of the Federal Supreme Court under the
Constitution The Kentucky Legislatures
power extended only to the trial of a
contest.
Mr.. Bruce contended that it had been
confessed that there was no evidence in
five of the ten counts in the contest
while of the remaining five, three We're so
flimsy that they could not be insisted
upon. The only two grounds remaining,
were the charges of thin ballots used in
forty counties. or a third of the State.
and of intimidation in the city of Louis
Vile.
1t could not be contended that the State
itself could deprive a portion of its own
population of the right of franchise with
cut due process of law. So also in Louis
ville where it was sought to disfranchise
$4,000 voters, the wrong if any had been
done had been due to the action of the
State Executive.
Hon. Lawrence n. Maxwell, appearing
for Mr.. Beckham, argued that the pro-
ceedng in this case had been in accord
ance with the law under the Constitu
ton.
Mr. Maxwell contended that the case
presented no Federal question and that
therefore the Federal Supreme Court had
no jurisdiction. The Kentucky State Court
of Appeals had decided that Mr.. Taylor
had never acquired title to the office of
Governor under the Constitution and laws
of the State. It's decision was final. The
certificate of election from the State
Board of Canvassers was merely writing
ba nf "a oil off
GERS. 1t was no evidence OF validity Of
title in view of the conclusions reached
by the constitutional authority which
was the State Legislature. AS the case
was merely a State question Mr. Maxwell
thought it unnecessary to consider the
application of the Fourteenth amendment
to the Constitution concerning the taking
of property without due process of law.
That amendment could only be applied
where right had accrued and Mr.. Tay-
lor had never held any title to the office
claimed by him.
Mr.. Louis McQuown also spoke for Mr..
Beckham. He argued that if the State
had provided a proper mode of procedure;
if the election law was constitutional
there could be no legitimate criticism OF
the method of application and in that
case the Federal Court was clearly de-
void of jurisdiction Error of that char
acter could not give this court jurisa'c-
tion.
Mr.. McQuown argued for the final and
exclusive jurisdiction of the Legislature
in contests of this character. which the
laws and the constitution and the laws In
tend. 1t would be possible in view of this
fact to give the courts only concurrent
jurisdiction. Mr.. McQuown also contend
ed that the Federal Court had no right
to investigate or question the motives
of the Legislature in it's decision IL
was to be presumed the Legislature had
acted on proper knowledge of the facts
in the case. The only resort was to the
ballot. Ex-Governor Bradley the only at
torney remaining to be heard will make
the concluding speech for Governor Tdy-
lor.