The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-07
KENTUCKY. DEMOCRATS WIN
cOVRT OF APPEALS GIVES GOVERN
ORSHIP TO BECKHAM.

RGDuDAlCuh 'ONcN N"ANH
the DemOcrats-There Was Only
one Dissenting VOice-RepubIicans
VIII Appeal to the United States
srpreme Court -aCOurt without
Jurisdiction to go behind Lesisla-
tnre.s Action Under the COnstitu-
ton.
frankfort KY, April 6.-The Court of
Anneals to-day handed down decision
IN the governorship case in favor of the
Democrats
rx-Gov. Bradley, chief counsel for Gov
Tayor. tonight authorized the statement
that an appeal on behalf of Gov. Taylor
and Lieut. Gov Marshall will be carried
f, the Supreme Court of the United
States.
Mr. Bradley and Judge w. H. Yost,
counsel fer the Republican state officers,
were in consultation with Gov. Taylor for
several hours this afternoon, and the
above statement was made at the close
Of the conference.
It is said that Col w. c. P. Breckin-
ridge and Republican leaders from differ
ent parts of the state will meet Gov.
Taylor in conference here tomorrow
morning.
Ex-Goy. Bradley said:
I'VE will not take advantage of any
technicalites to delay the progress Of the
case The decision of the Court of Ap-
peals is not disheartening to US. We will
ask for a writ of error to the Supreme
Court at once and these contests will now
be at an end in very short time"
THE Court Of AOpQalS TODAY handed
down its decision in the gubernatorial con-
test in favor of Beckham, Judge DuTolle
dissenting.
The other two Republican judges. Bur-
nam and Guffy, handed down a separate
opinion which differed in its reasons from
the opinion of the Democratic judges, but
agreed with them in its conclusion.
what the Decision Says.
Judge Hobson, one of the four Demo-
cratic judges, wrote the opinion of the ma
iority of the court affirming the decision
of Judge Field of Louisville. 1t recites
the work of the State Canvassing Board
and of the contest proceedings in the Leg
isature and all subsequent proceedings.
and continues.
We have no more right to supervise
The decisions of the general assembly in
determining the result of this election
than we have to supervise the action OF
the Governor in calling a special session
of the legislature, or in pardoning Grim
mai or the action of the Legislature in
contracting debts or determining upon the
election of its members, or doing any
other act authorized by the constitution.
There is no conflict between the action of
the state canvassing board and that Of
the Legislature in these cases. The state
canyassing board was without power to
go behind the returns. They were not
authorized to hear evidence and deter
mine who was in truth elected, but were
required TO give a certificate of election
TO those, who, on the face of the returns,
had received the highest number of votes.
For the state board to have received evil
dence TO impeach the rturns before them,
would have been for them, in effect, 10
act a board for contesting the cleo
ton, and il they had done this they would
nave usurped the power vested in the gen
eral assembly by the constitution, for
by lis express terms only the general as
sembly can determine a contested election
Tor Governor ana lieutenant governor.
Certificate Not Evidence.
But the certificate of the state board
or canvassers is no evidence as to who was
IN truth elected. Their certificate entities
the recipient to exercise the office until
IAe regular constitutonality shall deter
mne who is the de jure officer. The
rights of de jure officer attached when
he was elected, although the result was
unknown until it was declared by the
proper constitutional authority. When it
was so declared it was simply the ascer-
t"!Ament of fact hitherto in doubt or I'M
stllied The rights of the de facto officer
uAueF his certificate from the canvassinS
Do7fd We're provisional or temporary until
We determination Of the result of the cleo
uoh as provided in the constitution and
utoa that determination, if adverse TO him,
u,E ceased altogether. Such a determin-
alloh oil the result of the election by the
Wopel tribunal did not take from him
a0| pre-eXisting right, for if not in fact
ti'Nea' he had only right to act until
mined ~
without Jurisdiction.
We are, therefore. unable 70 see how
H9 case can be distinguished from any
~,"g' legislative action, taken in a matter
WHlch the constitution has given the
ure exclusive Jurisdiction and we
H. reIore OF the opinion that the court
4 "-,"out jurisdiction to so behind the
esoIa made by the Legislature under the
, 'utlon. Such a record seems 90 us
4 'H.'u 10 every presumption in its IA
oi winch the records of this court. kent
tt,a9F i's supervision, would be entitled
IN receive az the hands of the Legislature
j" matter before it."
-' rs also argued that the contest hoard
was u fairly drawn by lot, thar certain
!, ""'fa Of the board were liable to OBJ
y 'lon on the score of partality and that
wore this board was not properly
s"luted. II any of these objections
n e., wen founded. the general assembly
Fl r..,,.l .uii power 10 take such action as was
Fl h9t IN the premises. Il docs not appear
N any of the objections urged were
ga .eH to the general ass mbly, but
4 rr We're and it refused to make a
n si gn it must he presumed that IL
IA sg1- ,Hlelent reasons fer its action. Be
N spe, 'le b ard was only a preliminary
"A fac,s 20 take evidence and report the
N NJ, a.. me general assembly. The assem-.
Wy Itself finally determined the contest .
"a ''S HE HAS BEEN VILLIFTED.