The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-02-12
FIGHT In COURTS.
Kentucky Troubles Are to Be Settled in
Legal Way.
BOTH SIDES WILL BRING SUIT.
Democrats Rely on the State Courts.
Republicans on Federal.
TAYLOR WILL NOW TRY A NEW PLAN
ling to Get The Matter Passed on by
,,;a5Jteetsss'ed States Supreme Court.
The ARE LEAVING FRANKFORT
Only Few Companies TO He Re-
tanned and These VIII Not Inter
fcre with Legislature.
ling to Get The Matter Passed on BY
,ia5tesass'ed States Supreme Court.
ARE LEAVING FRANKFORT
Especial to The Post.)


Louisville, KY. February 1.-THE sit
uation in Kentucky has now narrowed
itself down to legal battle. II will be
fight OF State courts against the Federal
courts. the democrats appealing to the
former and the republicans submitting
their cause to the latter.
In the meantime there will be two state
governments grinding in this state. the
acts of both to be finally passed upon by
the legal tribunals of State and Nation.
Thus it is that further hloodshed has, for
the present, been arrested, and It may
possibly be stayed permanently
The democratic legal programme was
outlined in the special dispatch of last
night. They will adhere to the injunction
process and the report OF the State con-
test board and push matters as rapidly as
possible.
The republican programme. as outlined
to The Post correspondent today by the
leading legal adviser of Taylor. is about
as follows: Two suits win Immediately be
brought in the Federal court of Cincinnati
before Judge Taft; one Of them will be on
behalf Of all the republican claimants Of
the minor State offices. who will set up
the claim that these State offices are their
property and that they are being deprived
OF their property without due process Of
law: they will base their claim on these
offices Gu the fact that the State contest
board Is an Illegal tribunal or commission
and that their acts are without warrant
OF law; they will claim that Mr.. Poyntz.
the chairman of the board, is disqualified
to serve on such a board because he ac-
cepted a railroad pass from the Chesapeake
and Ohio railroad which is an unlawful
act in this State; that the other two mem
bers Of the board are likewise disqualified
to sit in judgment on these contests for
the minor State offices because they have
repeatedly expressed opinions to the ef-
feet that the democrats who are conpst-
ants for state offices had been elected.
The second suit TO be Instituted by the
republicans-and the most important OF
the two because it involves the election Of
both governor and lieutenant governor
Will We uAOubuA uU u NuhElas ih~
people Of the commonwealth of Kentucky.
Thew will maintain they elected the entire
republican State ticket by a safe majority:
that they are being deprived OF their en-
franchised rights and that such proceeding
is contrary to the spirit and functions Of
a republican form Of representative gov
eminent. This. it will be seen, attacks
the constitutionality OF he Goebel election
law and the very heart OF the democratic
contention. Both suits are based upon
amendments to the constitution OF the
United States and therefore strictly with
in the province Of Federal courts TO de-
termlne. For this reason, the republicans
hope TO have Judge Taft assume jurisdlc-
tion and try both cases and thus have tho
whole matter reviewed by the highest
tribunal in the country. This will be a
splendid legal battle and will probably CON
tinue during the ampaign Of this year in
which there must be elected successor to
Governor Goebel under the law Of Ken
lucky.
Tho democrats when told today OF the
republican programme OF suits in the
Fedesel court, said that the republican
anent the violation OF thor en-
franchised rights can NOT be sustained for
the simple reason that the constitutional
rights OF every man under the Gems Atu-
ton of the STATE OF Kenucky--which can
not contravene any article or amendment
to the National conStitution--have b.sn
respected and complied with In full. The
coactdtution OF Kentucky provides that
the legislature is the court OF last resort
in the State election contest ami t1e leg
islaiure has decided that Goebel AMI
b ekham were elected and che Federal
court must SO decide II.
As said last night, the presel. si.ua-
ton is decided victory TO: the demO-
c.acs GAZE.
Frankfort. Ky. FEBRUARY 1i.-A!I day
long troops have poured out o, Frank
fort on special trains AMI tonight only
the soldiers from csvIngton. Newport
Lexington and Morgantown are camped
in the capitol square. TIE leav.pg o:
the troops WAS the only feature tina,
tTan9pired IN the political stGaion n
Frankfort today Mr, Taylor remained
quietly ii the executive mansion and did
net wish his ofnoe. giving him half day
u rest Major General Collier said tbs
aseerncon that only a few companies OF
infantry would be kept 90 duty here for
a short time 10 do police work arornn