New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-05
ON THE VERGE.

William Goebei has paid the penalty of his
own reckless contempt for life, law and justice.
1t would be agreeable to believe that in admon-
fishing his followers to exercise self-restraint
under the perilous conditions which the act of
an assassin had produced he was inspired by
higher motive than mere political advantage.
His conduct and demeanor after ne was shot
down were unquestionaby shrewd and helpful
to his partsans BY refraining from violence of
every sort and to a remarkable degree even
from immoderate speech, and by a careful OBJ
seryance of the forms of legal procedure, they
have, we think, drawn away from Governor
Taylor some part of the support which he would
have retained if he had initiated their prudence
or if they had pursued different course.
Careful consideration of the latest arguments
by which Governor Taylor seeks to justify his
action in dispensing Legislature which, peace
ably and methodcally, however wrongfully, was
about to declare his rival the lawful Governor
of Kentucky, does not convince us that they
are sound. The basis of his claim is that in his
judgment an instruction existed that his judg-
ment was final and conclusive and that conse-
quently under the Constitution he had full au-
thority to adjourn the Legislature and convene
it in another place at such time as he chose
TO fix. We do not go far as to affirm that
this position is utterly untenable in law, for
when large discretionary powers have been be-
slowed upon public officer the courts are
luctant to restrict him in the exercise of those
powers. But we do not hesitate to say that the
burden of proving that he made a legitimate
use of the constitutional provision to which he
appeals rests upon Governor Taylor, that the
burden is an extremely heavy one and that, so
far as it is possible to judge from many indica-
tions, general sentiment, Republican as well as
Democratic, holds him guilty Of having COM
mitted a political blunder, if not mpeach-
able offence. The simple fact appears to be that
under the pressure of a complicated and agi-
tating situation Governor Taylor, perhaps I'M
consciously invented plea of instruction for
the purpose of preventing legislative action
which would have practically ruined his case.
If he succeeds in obtaining hearing before a
Federal court he may be able to make better
defence of his course than now seems possible,
but we are persuaded that rs yet his adyer-
saries occupy the stronger position with respect
to the question of adjournment.
Upon the settlement of this question the legal
status of both parties 10 the controversy de-
pends The death of Goebel may have various
important consequences, but from the point of
view OF law il does not change the situation. To
whatever Official rights and powers he pos
sessed another has succeeded. If Goebes title
was valid the validity OF Beckham's title can
| not be Disputed But II the Legislature was
| legally adt0Urnes the subsequent proceedings of
| Its Democratic members, whether or not a
quorum was present when. with the formalites
| Of a resolution and vote. they for the second
time declared Goebes elected, are obviously null
| and void II kas 10 De- acknowledged that while
| the desire Of the Democrats TO take their case
| into the State courts may be due to positive
assurance that the decision would be in their
favor, 1t does. nevertheless. inevitably produce
a moral effect from which they are deriving
substantial advantage
And this brings US TO a consideration of that
feature OF the situation which is most en-
barrassing to those who would be glad to APP
prove Governor Taylor's course. We refer TO
his defiance Of the judicial tribunals, which,
whatever his own official status may be- are
apparently exercising In a perfectly regular
manner the authority with which they have
been invested by the Constitution and the laws
If he had a valid warrant for dispensing the
Legislature, he certainly neither possesses nor
formally claims to possess the power of an
nulllng the process Of the courts. If he had
power TO suspend the writ of ha1eas corpus by
proclamation, which for the purpose of this
discussion 1t Is unnecessary either to affirm or
deny, we are unable to find the slightest 1usti-
heation for his conduct in arbitrarily ignoring
1udlelal demand for the production of the per-
son held in custody by his orders. By this act
more clearly and fagrantiy than by any other
step that he has taken Governor Taylor has
put himself In the wrong, and we cannot doubt
that he and his party in Kentucky will conse-
quenty suffer at least a temporary loss of pub
, lie confidence and support
, |