The age-herald., 1900-03-11
COURT DECIDES IN
 FAVOR OF DEMOCRATS

Louisville, Ky, March 10.-A decision sustaining the contention of the democrats that the legislature is the tribunal desig- mated by the constitution for the determi- nation of the contests for the offices of governor and lieutenant-governor was handed down in the circuit court this morning by Judge Fields.
 The republicans will appeal the case to the state court of appeals, and if the de- cision there is against them they will try to get hearing before the United States supreme court.
 Judge Fields reviews the history of the case and the pleadings of both sides, but devotes most of his opinion to quotations from courts of last resort involving the competency of the legislature 10 decide sim liar disputes. He quotes the report of the contest boards finding in favor of the democratic contestants for governor and lieutenant-g governor, and says that while the legislature was dispersed by militia be- fore these reports were acted upon and was barred from it's usual sitting place, the records of the legislature show that the reports declaring Beckham governor were adopted by a quorum of each house and of the legislature. This showing of the rec ords he holds to be sufficient.
 The line of authority to the effect that the courts cannot inquire into the motives which induced the action of the legislature, he declares is unbrolSen and must be taken as law
 Question of Quorum
 To the arguments that there was no quo- rum when the general assembly approved the reports of the contest board, and that 1t had been adjourned, the foregoing au- thorfties say the statement of the legisla- tive records that there was then quorum is sufficient
 To the contest that the action of the con- test board and of the general assembly in approving tine report of that board was an act of arbitrary power and in violation of the bill of rights, the answer must be that the report reciteS that the board heard the evidence of both parties; that 1t was act ing within the Jurisdiction given 1t and to it alone: and the power to hear and deter mine must of necessity rest somewhere. It is further insisted by counsel, the opinion continues, that under the law the election of a governor is by the voters and by the whole state, and that if votes of thrown out, then there has aoeen no election. and it should be decclSred void The difficult ties 4n that difection, Judge Fields holds, are that nntner party claims the election was void but sach claims he was legally elected. Juose Fields concludes as follows:
 ihe report or the contest board does not indicate upon What or how many of the contes tant s srJunds of contest 1t acted, wffetffer upon the alleged tissue ballots or military interference or other of the numer- ous grounds specified and l am not permit ted upon this hearing to look into the evi dence; but if each party has sustained by proof the charges of fraud made against the other in the pleadings and this were proper place for the application of that principle. I would hold them to be in part delicto as violators of the law and refuse to aid either of them"
 Decision Covers Three Suits
 The decision rendered today is in three suits which were argued before Judge Fields on Friday and Saturday of last week, were consolidated, taking the style of the suit of w. S. Taylor against J. O. w. Beckham The two other suits were John Marshall against J. c. W. Beckham and l.. H. Carter, and J. c. W. Beckham against w. s. Taylor The parties to the suits asked injunctions to prevent their op- ponents from filling the offices of governor and lieutenant governor. The suits are also in the nature of quo warranto proceedings.
 The cases were submitted to Judge Fields on demurrers to the various pleadings and on a motion of J. c, W. Beckham to strike braces the alleged journal of the house and senate.
 This motion to strike out is sustained.
 fpecIaI Train at Frankfort
 Frankfort, Ky, March 10.-A train of four coaches came in from Lexington to- night and is now lying on the railroad ---~------~~~~~~-~-~-~-~
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