The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-04-11
Republicans of
Kentucky Will Appeal.
The Decision is Against
Them.
Two Of the Three Republicans in
State Supreme Court Agree
With Democratic Major

Taylor, tonight suthorlzed the state
nent that an appeal on behalf OF Gov
TAYLOR and Lieut. Gov Marshall will
be1carried to the supreme court OF the
United States
Mr. Bradley and Judge " Il
Yost, counsel for the Republican
State officers, were in consultation
with Gov Taylor for several hours
this afternoon, and the above state
mept was made at the close of the
conference 1t is stated that Col W
C.P Breckinridge and Republican
leaders from different parts of the
State will meet Gov Taylor in con
ference here tomorrow morning
Ex Gov Bradley said:
eve will not take advantage OF
any technicalities to delay the pro
grees of appeals The verdict is not
dishearteuing to US We will ask
for a wit of error to the supreme
court at once and these contests will
now be at an end in very short
time -
The court of appeals today handed
down it's decision in the gubernato
rial contest in favor of Beckbam.
Judge DuRolle dissenting. The
other two Republican judges, Burnam
and Goffy, banded down separate
opinion, which differed in it's 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 majority of the
court. affirming the decision of Judge
Field of Louisville
1t recises the work of the State
canvsssing Board and of the contest
proceeding in the Legislature and all
subsequent proceedings. aud contin
mes :: eve have no more right to
superyise the decisions of the general
assembly in determining the result of
this election than we have to super
wise the action of the governor in
calling speclal session of the legis
latu.e or 10 pardoning a criminal. or
the action Of the Legislature in con-
tracting debts or determining upon
.he election of It's members, or
doing auy other act authorized by
the constitution There is DO conflict
between the action of the State can
1assing board aud that of the legisla
.n1e in these cases The State can
yasaing board was without power to
90 behind tae returns. They were
D not authorized to hear evidence and
determine who was 10 truth elected,
bu, were required to give certificate
of election to those who on tho face
Of the returns had received the high
Sat number Of votes For the State
ooa,d to have received evidence to
;mneach the returns before them
wonld haze been for them, in effect.
20 act as board for coutestipg the
election aed If they had done this
,hey would have usurped the power
vested in che general assembly by the
constitution. for by its express terms
only the general assembly can deter.
mine contested election for gov
ernor or lieutenant governor. But
the certificates of the State board OF
canyassess ia no evidence as TO who
Was in sra,h elected Their certlh-
cate entities The recipient to exercise
the Office until the regular constitu
,;ora,i,y shai' determine who is the
de- lure Offices The ,ights of the de
inre officer attached when he is elect.
ed although the result was unknown
until it vas declared by the proper
constitutions! authority When it
vas 30 declared it was simply the
.ace,taiamen; Of fact hitherto IN
doubt or onse.,!ed The rights of she
&c fsc,o officer uuder his certificate
from the caagass,ng board were pro
VlSiGD0s g! tHEIpSi"'
miua,ion of the result Of the. election
20 provided 10 the constitution aud
upon thss determination. it adverse
to him, sney ceased altogether saeh
a determination Of the result OF the
election by the proper tribunal aid
NO, take from him any pre- existing
right. 70. If no. elected. be had
only a right 70 act un'ii the result
Of the election could be determined
We are. therefore unable to see now
,b,s case Cal, be Distinguished iron
auy other legislative action taken 10
matter ovec waich The constitution
b.s Given the legislature exclusive
jurisdiction, a"d we ase, Therefore,
of the opinion she: the coa', % *',' "a,
oct jurisdiction TO 60 oehind iae
record made by the Legislature aaces
the constitution Such fecofa
seems 20 Us entitled to every pie
samot;on IN It's tavcr wh'ca tae
reoo,ds Of this court, kept andef 'S
t<,Ef ~ yn