Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1900-04-07
Do the Democratic Members
of Kentucky Court of
Appeals.
NONE OF THEIR AFFAIR
II What They Declare Regarding
the Gubernat0rial Contest and
Lay Ii Onto Legislature.
Gov. Taylor Will Resist and Carry
His Case to the United States
supreme Court.

Frankfort, KY, April THE court
OF appeals yesterday handed down its
decision in the gubernatorial contest
in favor of Beckham, Judge DuRelIe
dissenting. The other two Republican
judges, Burnam and Gufy. handed
| down separate opinion. which diff
fered in its reasons from the opinion
OF the Democratic judges, but agreed
with them in its conclusion. Judge
| Hobson, one of the four Democratic
| judges, wrote the opinion of the ma
jority OF the court. affirming the de-
cision Of Judge Field OF Louisville
1t recites the work of the state can
vassing board and OF the contest pro-
ceedings in the legislature and all the
subsequent proceedings and holds:
We have no more right TO supervise the
decision OF the general assembly la de-
terinining the result of this election than
we have TO supervise the action of the gov
ernor In calling q special session OF the
legislature or in pardoning a criminal or
he action of the legislature in contracting
debts or determining upon the election OF
ITS members or doing any other act au-
thorized by the constitution. There Is no
conflict between the faction of the state
canvassng board and that of the lesisIa
ture In these cases The state cauyassine
board was without power to go behind The.
returns They were not authorized to hear
evidence and determine Who was In truth
elected, but were required TO give q certid
cate of election to those who on the face
OF the returns had received the highest
aumDer OF votes For the state board TO
nave received evidence to impeach the re
turns before them would have been for
tneu, In enect TO act as a board for con
testing the election, and IL they had done
this, they would have usurped the power |
m fha ral
constitution, for by It's express terms only |
the general assembly determine con
tested election for governor aud lieut. int |
governor But the certificate of the state /
board OF canvassers is evidence as TO |
who was In truth elected. Their certif-
cate entities the recipient to exercise the
once until the regular constitutionality
snail determine who Is the de jure officer
ne rights OF the de jure officer attached
when he was elected. although the result
was unknown until IL declared by the. |
proper constitutional authority. When Ii |
was 80 declared II simply the ascer-
lhinment OF fact hitherto ia doubt un-
settled The rights of the de facto officer
under his certificate from the canvarninx I
sOaro we're pr0vtnbona1 - Temporary until.l
y s<aa3fatsseeeex S.. s..< !: aesermina a
ca OF the r.snlt ct. or Pinot IN iRci elrst-
L. ne hnd only . right to act until the re- =
alt of the election could be determined. :
ie are therefore unable to see how this L
lse be distinguished from any other I
.gislative action taken In matter over {
hich the constitution has given the legis =
,ture exclusive jurisdiction and we are
herefore OF the opinion that the court Is |
,ithout jurisdiction to go behind the record
,ade by the Legislature under the consti
ution. Such q record seems TO entitled
0 every presumption In Its favor which
he records of this court, kept under its |
upervison, would be entitled TO receive AT |
he hands of the legislature In matter be- ,
ore II. 1t is also argued that the contest -
oard not fairly drawn by lot, The a
ertain members of the board werSy I'D | a
o objection on the score OF pi0t nr.,,erly h
hat. therefor. thi. oaIf these objections ;,
Constituted ,alrd. the general assembly
we're wen 10 take such action as "as
au ar =, in the premises. IL does NOT appear q
.ntcd to the general assembly, but II thes r
or. and n refused TO make correction |
must be presumed that 1t had suihcieht
.asous for its action Besides the boata
,as only a preliminary agency 10 'ahs
epce and report the facts TO the eehe,a'
.s.mtly The assembly Itself nnaliy de-
.rmiped the contest
Judges Burnam and Guffy, Repuh-
;c,ns. while concurring In the opih
an Of the courts having no Jofish'e
i.,o aissented from the reasoning
---x-puru separate opinion says
II Is hard to Imagine a more hagra"' -"a
PARTISAN disregard OF the modes OF proccd
,ussea and relied on by contestees and ad-
nitt-d demurrer, and l am firmly con
rinced from admitted facts that the lestS
>ture In the heat OF anger engendered by |
tense partisan excitement, have done Two
,nuhful conscientious and able public ser
wants an irreparabie Injury In depriving
them Of the ONCE to which they were
elected and a still greater wrong TO the
large majority OF the electors who voted
nader difficuit circumstances to elect these
servants But are met at the threshoii
w.,h the contention that the courts of the |
state under constitution have no power to |
20 tehInd the legislative Journal and re
view the Judgment Of the assembly in the /
over which they are given by |
The constitution exclusive jurisdiction and |
firm whose determination of the question |
no appeal Is provided. l have been led |
With some reluctance. to the conclusion,
and not without some misgivings as TO It's
correctness, that there is no power in the
courts Of the state to review the findings
election for the Offices of governor and
lieutenant governor. as shown by its only
authenticated records
ExGoy. W. .. Bradley. chief coun-
sci for Gov Taylor. last night author
;ze,, the statement that an appeal
On behalf of Gov. Taylor and Lieut.
Gov. Marshall will be carried TO the
supreme court OF the United States
Ms.IsS E5a4lSsfy 4lSf ,ss seR Repasican aBf State sth
csrs- were in consultation with Gov.
Taylo- for several hours yesterday
AFTERNOON and the above statement
was made at the close of the confer
enee. Ii Is stated that Col w. c. P
| Rreckinridge and Republican leaders