The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1900-05-25

laws. the ,ascE must necessary b. 49,
IN which the Interference OF Tins -
can be properly invoked. e'-Fs
The chief Justice then rc,ic,,e. ~.
eases OF Boyd W.. Thayer. Wilson \.
North Carolina. kerrard vs.. lo,,i-s,u.
and Foster vs. Kansas. and cpnftr..l
The grounds on which oar t.,
tiun ~ sought 10 be maintained in WY
present ease are set forth in trn .
assigned TO the effect, In SuhA.t,,s.
~ hai the action OF the s,n.fa ~.
scmtly In the matter OF thcs. r4I.,,
deprives plaintin In error 81 thtIr WA
without due process OF law
THAT the action OF the rDnU-st M
sembly dcpriyes the people ~ A.
OF the right 10 choose their own r.,iy
ssntatiycs secured by the gunf4tt.
the federal constitution ~ rpplif.
form OF government 20 every stats ui
depriNes them Of their political ih,.,,.
Without due process Of law.
For more Than one hundred ysn.s ,A.
constitution Of kentucky has pfu..i.',
that contested elections for eOvt rtttr .'i
lieutenant governor shall br def,r,nis
by the general assembly; In is XVI
committee 10 be selected from both hnl,..,
90 the general assembly ana lr,rn.i M
regulated In such manner as sAuN N. X,
rceted by law, since 1850 10y both l,.
OF the general assembly ACCORDING y. .a,,
regulations as may be estahlish.l M
law. -
The statute enacted for the ntri,a.o n,
often held, and In the present t.is. b,
again declared. that under their ,on-tf-
tutional provisions the power az fh. xxx.
eral assembly 20 determine tn rs4uN 4.
exclusive, and that its decision Vs. iri ,ne,,
70 Judicial review. ,Authoritics aautsi
herep.
''The statute enacted for the n,.rn.... 4.
carrying the provision OF the constrs.
ton into effect has been In cxiSf.nr. a,
substance since i'ss. and many NJ Tie
sions and similar statutes.
The Dissenting Justices
after the chief justice had con.
Guided Justices McKenna, Brewer an
Harlan read opinions dissenting from
the opinion of the court. Justice Ha-.
Ian entirely, and the Others on ceriaI,
points. Justice Harlan in his dissen,
quoted various authorities ana then
said:
Notwithstanding these adh.dicat.ons.
the decision to-day Is that this court has
no 1urisdi ,tion TO inquire whether the cit
.zen has been deprived, without due pro-
cess OF law. OF an office held by him IN
der the constitution and laws ol this
state. If the contest between thc Oi-
holding the Office and the person seeking
20 hold IL H. determinable by The irgisl-
ture. in a prescribed mode. This court K
appears. can not inquire whether that
mode was pursued. and can not interiors
Tor the protection of the incumbent even
II the final action OF the legisl4t4tn WI.
confessedly capricious and arbitrary iu-
consistent with the recognized lrlneinlcs
that belong TO due process Of law ani
not based, in any degree. on The cyi3ents
taken In the contest. III the Kentucky
legislature had wholly disreaardrI ihs
mode presc ribbed by the statutes ~ ihAt
state and without appointing q beard u.
contest composed OF its own members.
had by Joint resolution simply deeQr,l
Goebcl to b. governor, and esrruilliy r
such action had been held 10y the highest
court OF the state To be conclusive THIS
court. as We are informed by IN, ul isua
Just rendered. would be withnut lfisslc-
ZION, TO protect the incumbent fnrt fu.
reason. as is nov adjudged, thIt iaeso.-
flee ~ dispute Is not property wffNN the
meaning OF he fourteenth amcrlr NJ
so ina. while We may lnqulr wMefhrr
the Citizens Iand, or his mules have h4n
taken from linn by the legisat.st 0yf-1.
tive or Jualciai authorities uf Al. State
without duo process Of law ISL r no
inquire whether the Legislature rt il4l-
cal authorizes Of "A state have fNN.it
due process of law. ouStcd one IIWfll'r
elected ANA holding the Office ot lNl-rrt
Tor a iiHeG term. with 4 sal.ry Nal0 "a
can not Dc diminished during -luh ttral
ami put into hir place one whom fl- li-4.
PIE nave sall shoLid not eNertist fhe 4i-
thorty appertaining TO that hi-N tHsl-
tion. Mhen the fourteenth aNtf mtri
forbade any state from deprNln- Gny per-
Soil OF life liberty or prOptrtt wltNntf
due process Of law. ! had supposed fnaf
the purpose was To guard riti1ers artrsf
being dtpriN 80 - any legal right ln Na-
lation OF tine fundamental sunsarfces thar
inhere IN due process Of law
GOV. 1a,i Tors Inst Order.