The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1900-05-24
COURT DECIDES
FOR BECKHAM
Taylor Loses In Kentucky
Governorship Case.
LACK OF JURISDICTION.
Four Justices Disseat From Findings ef
Ceart--Caief Jastis Faller Hands
Down Opinion.

The supreme court of the United
States handed down its decision Mon
day in the Kentucky governorship1
case in favor of Democratic GoYernM
Beckhsm in both the quo warranto and
the equity proceedings. For want OF
jurisdiction the court dismissed tho
writ Of error from the Kentucky court
Of appeals. The opinion was handed
down BY Chief Justice Fuller and y
vigorous dissenting opinion YVES de-
iyered by Justice Harlan. the only
one to advocate reversal OF the KEN
tucky courts decision. Justices
Brewer, Brown and McKenna also
dissented from portions Of the opin-
ION.
In dismissing the writ Of error ths
chief justice said the court shoAld b.
the last to overstep the bounds limit
ing its own jurisdiction and that IN the1
dissemination Of cases Of this chGrao-
ter. contests for state Offices must me-
cessarily be settled by the politicalss
branch of the government. That
branch had acted in the Kentucky
case when the general assembly took
jurisdiction.
There was no appeal from the ~
sembly's decision, which was faYorar
bic to Goebel and Beckham, except stos
the tribunal of the people, which tzi-
bunal, the chief justice said, was ~
ways in session. He also said the
case was purely Q state case -hat
Kentucky was in the full possession
Of its faculties as member OF the ur-
ion and that there was no emergency
at this time calling for interference of
the general government to enforce
constitutional guarantees OF 20 put
down domestic violence.
The chief Justice quoted numero1s
decisions holding that public ofacss
are mere agencies or tfasts, and not
property, as such, nor are the saleEy
and emoluments property secured bys
contrast but compensation for ssrvicee
actually rendered.
A similar order was entered IN the
Injunction case between the ssme par
ties.
There were three dissenting opin-
ions. Justice Mex was the drst
of the dissentors to be heard. He
stated that while he concurred IN the
result, he was not prepared tosay that
q public Office was not property.
Justice Brewer also based his dis.
sent on the point Of Office as properly
He also. held the view that the United
States courts were not without luxls.
diction, but contended that the decis-
ion Of the Kentucky court should bs
affirmed instead Of Diminishing the
writ u error. ss5;|
In conclusion Justice Brewer agreees
with the court Of appeals OF Kentucky
that upon the award of the assembly
no other Judgment can be entered than
that which snstajns it.
Justice Harlan, in his dissenting
opinion, quotes various Authorities
and SAYS that Notwithstanding thsm
the decision is that this court has no
jurisdiction to inquire whether the
citizen has been deprived without dne
process Of law, Of an Office held byz
him under the constitution and lavsS
of his state. II the contest between
the one holding the office and the pee
son seeking to hold it is determinAbles
by the Legislature, in Q proscribed
mode this conrt, it appears, connot IN
ouire whether that mode was pursued
and cannot interfere for the protecs
tion of the incumbent, even il the FINAL
action OF the legislature was confeaas
edly capricious and arbitrary, incon-s
sistent with the recognized principlee
that belong to due process Of law md
not based, in any degrees upon thls
evidence taken in the contest