Marietta daily leader. (Marietta, Ohio) 1895-1906, 1900-03-11
Judge Fields Hands Down a De-
cision in the Kentucky Gov
ernOrship Controversy.
LEGISLATURE HAS POWER TO Decide.
Arrest Of Republicans at Frankfort
Charged With Completely In Goe-
be's Murder Commenced.
Secretary of State Powers and Capt.
John W. Davis. Alleged sus-
poets, Guarded in state
Capitol by Soldiers.


Louisville, KY, March 11.--Judge
Fields, in the circuit court Saturday
morning, handed down AN opinion
that he has no jurisdiction in the
cases brought to determine the gov
ernorship controversy. He holds that
the constitution vests in the legis-
lature the power to decide contests
for this Office.
The republicans will appeal the case
to the state court of appeals
to the United States court of appeals
and If the decision there is against
them will try to get hearing before
the United States supreme courr.
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 re.
sort involving the competency of the
Legislature finally to decide similar dis
putes. He quotes the reports of the
contest boards finding in favor of
the democratic contestants for gov
ernOr and lieutenant governor, and
says that while the Legislature WAS
dispersed by militia before these re-
ports were acted upon and was oar
red from its usual sitting place the
records of the general assembly show
hat the reports declaring Beckham
governor were adopted by a quorum
of each house of the legislature. This
showing of the records he holds to
be sufficient. The line of authority
to the effect that the courts can not
inquire into the motives which in
duced the action of the legislature
he declares is unbroken and must he
taken as the law.
Frankfort, Ky. March ll.--Secre-
tary of State Caleb Powers and Capt.
John w. Davis, two alleged suspects,
for whom warrants were issued Friday
night, have not been arrested.
They are said to be in the executive
building of the state capitol and the
soldiers guarding the building have
refused to allow the police to enter
the building and search for them. 1t
was rumored around the streets two
or three hours before the police went
to the Davis residence Friday night
to look for them that the warrants
had been issued, and they got wind
of it and took shelter in the house
The police made a second demand to
be allowed entrance at the executive
building Saturday morning, but the
guards said they had orders not to
admit any one Saturday. They
declined to say who gave the orders.
Gov. Taylor and Adit. Gen. Collier
sent answer to two messages sent to
them by the police, report Saturday
morning that Gov. Taylor has issued
orders for all state guards who rec
ognize him as governor TO come to
the state capitol at once, and stirring
times are apparently not far ahead.
At 1890 Sheriff Sutter took the
warrants for the arrest of Secretary
of State Powers and Capt. Davis TO
the state house and was admitted to
see Adjt. Gen. Collier. He informed
Gen. Collier that he desired to enter
the executive building for the pur-
pose OF serving warrants. and in the
name of the commonwealth demand
ed that he he permitted TO do so
Gen. Collier refused, saying that act
ing under orders from Gov. Taylor
nobody would he permitted to the
executive building for an indefinite
period.
There is report in circulation and
generally credited by the democrats
that Gov. Taylor and all of the repub-
lican state officials are preparing to
leave for London, where the state
arsenal has already been removed.
A detail of police was lined up on
broadway in front of the state house
grounds during the morning, but
they made no decisive move after
being twice refused entrance TO the
building for the purpose of arresting
Powers and Davis.
Sheriff Suter at noon began swear
ing in a big force of deputy sherffs
under the statutes authorizing him
TO call in the posse assisting to aid
him in arresting Powers and Davis
who are supposed TO be under the pro-
lection of militia in the state house.
The deputies sworn in were all given
orders to report at the sheriff's Of
fee at 2 o'clock.
Capt. Steve Sharpe. of Lexington, ex-
state treasurer, came out of the gov
ernor's office at 1880. He said:
"Messrs. Powers and Davis will sur
render in a few hours. They simply
waited until they could communicate
by wire with their attorneys, who
advised them to give up. The only
reason they had not previously sur
rendered was because they wished to
avoid a public arrest and being car
ried to Jail through the streets"
Barbourville, KY, March 1.-THE
local militia company has received
orders from Assistant Adjt. Gen.
Dixon to make ready to move TO
Frankfort at once.
London. KY. March IA tele-
gram was received here at / p. m.
signed by Assistant Adjt. Gen. Dixon.
ordering Capt. Parker to order out
his company and stand ready TO move
to Frankfort. In the absence of Capt
Parker. Lieut.. Sparks refused to move
unless ordered by both governors.