Barre evening telegram. (Barre, Vt.) 1898-19??, 1900-04-17
KENTUCKY
Cases Involving Governorship Docket.
ed In Supreme Court.
HEARING SET FOR APRIL 80.
Brief Statement, In Which the COun-
sci For Both Taylor and Beck-
ham Join, Filed, Together
With the Cases.

washington, Aprll I(.-Ine cases III
volving the Kentucky govcrnorship have
been docketed in the United States SUI
preme court. A brief statement, in
which counsel for both Taylor and Beck
ham Joined, was filed at the same time
asking for an early hearing.
In this agreed statement it is set forth
that both Taylor and Beckhnm as gov
ernor, John Marshall as lieutenant gov
ernor on the Republican side and l.. II.
Carter as president pro TEN. of the SEN
ate and John h. Castleman as adjutant
general on the Democratic side are each
and all claiming the right and are actual
ly attempting to exercise the powers of
the respective Offices severally claimed by
them, thus producing great confusion in
Kentucky by reason of the doubts as to
which of the persons named have the law
full right to exercise the authority per.
tanning to the several offices named, all
to the great injury and detrment 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 arc
faithfully executed, is also specially
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 commissions to
many officers, whether appointed by him
or elected by the people, and also with
the power to issue pardons and to remit
fines and forfeitures.
Both Making Claims.
"Both plaintiff in error. William s.
Taylor, and defendant in error, J. G. w.
Beckham, are claiming the right to per-
form all the functions of the aforesaid
Office of governor, and each of them is
attempting and has actually attempted
to perform many of the said functions.
such, for example, as issuing pardons and
filling Offices by appointment, etc.
''Some of the officers of the state rec
ognize the acts of the plaintiff in error,
William s. Taylor, as the lawful acts of
the governor of the state and refhse to
recognize similar acts by defendant in
error, J. G. w. Beckham, while other
officers Of the state recognize the acts of
]. c. w. Bcckham 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 gov
ernor is authorized and required to APP
point are the officers of the eleemosynary
institutions of the state, and each Of the
said two claimants to the Office of gov
ernor has attempted to fill said offices,
and some persons recognize the authority
of the appointees Of one of said claim
ants 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 aforesaid litiga-
ton be determined. Questions of law
involved in said causes are of very great
and grave interest and Importance, in
volving the nature and extent of the pow
ers of an election contest tribunal and
the powers of the judiciary with relation
thereto"
Mr.. Louis McQuown appears as nttor-
ney for Beckham and others of the Dem
ocrats, while Helm Bruce appears as at
torney for Taylor and other Republicans.
Date For Hearing Fixed.
Mr.. Bruce presented the above state
ment of facts, and the court set the case
for hearing on the Both inst, granting
each side four hours for argument.
While Mr. Bruce was making his state
ment the chief justice asked him If he
did not expect the question of jurisdic-
ton 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 We're anxious for a
decision during the present term of the
court and that the course undertaken
was apparently the only one open.
"If," he added, "the court should sus-
tain the motion to dismiss for lack of jul
risdiction, that result would, of course,
end the controversy"
If the opinion on such motion should
be adverse to dismissal it would then.
he admitted, probably be too late to
hear the case on its merits.
After Mr.. Bruce concluded his state
ment the case was assigned to hearing
on the Both inst. and four hours allotted
to each side for argument, as reported
above.