Gilpin observer., 1900-05-24

Tue AeLtucky SOVernOrSnlp case III Ia
vor of Governor Beckham, dismissing
the writ of error from the Kentucky
Court of Appeals. The opinion was
handed down by Chief Justice Fuller,
and vigorous dissenting opinion was
denvered by Justice Harlan Justices
brewer, Brown and McKenna also dis
sented from portions of the opinion.
After reviewing the facts in the case.
Chief Justice Fuller said: 1T is Obvi-
ously essential to the independence of
the states and to their peace and tran
guilty, and their power to prescribe
the qualifications of their own officers,
the tenure of their offices, the manner
of their election and the grounds on
which the tribunals before which and
the mode in which such elections may
be contested should be excluded and
free from external interference except
so far as plainly provided by the con-
stitution of the United States and
where controversies over the election of
state officers have reached the state
courts In the manner provided and
have been determined in accordance
with state constitutions and laws, the
cases must necessarily be rare in which
the interference of this court can be
properly invoked"
THE grounds on which our juris
diction is sought to be maintained in
the present case are set forth in the err
rolrS assigned to the effect in substance:
"First-That the action of the Cen
eral Assembly in the matter of these
contests deprives plaintiffs in error of
their offices without due process of law.
''Second-That the action of the Gen
eral Assembly deprives the people of
Kentucky of the right to choose their
own representatives, secured by the
guarantee of the federal constitution of
Republican form of government to
every state, and deprives them of their
political liberty without due process of
law.
For more than 100 years the consti-
tuition of Kentucky has provided that
contested elections for governor and
lieutenant governor shall be determin-
ed by the General Assembly. In 1893,
by n committee to be selected from
both houses of the General Assembly,
and framed and regulated in such
manner as shall be directed by law
since 1850. by both houses of the Gen
eral Assembly according to such regu
lations as may be established by law
THE highest court of the state has
often held, and in the present case has
again declared that under their consti-
tutional provisions. the power Of the
General Assembly to determine the re-
suit is exclusive and that its decision Is
not open to judicial review.
THE statute enacted for the purpose
of carrying the provision of the consti-
tuition into effect has been i'm existence
in substance since 1799. and many
states have similar constitutional pro-
visions and similar statutes.
We do not understand this statute
to be objected to in any manner OBJ
nOxious to constitutional objection. bu:
that plaintiffs in error complain of the
action of the General Assembly under
the statute under the Judgment of the
state courts declining to disturb that
action.
1T must be admitted that the view
that public office is not property has
been generally entertained in this coun-
try"
Quoting Butler VS.. The u. S. and
Crenshaw VS.. The L. s., the chief JUS
uce continued:
"The decisions are numerous to the
effect that public offices are mere
agencies or trusts and not property. as
such, nor are the salary and emOlument
property. secured by contract but COM
pensation for services actually rem
dered. Nor does the fact that consti-
tuition may forbid the Legislature from
abolishing n public office or diminish
ing the salary thereof during the term
of the incumbent. change its character.
or make 1t property. True. restric-
tons limit the power of the Legislature
to deal with the office. but even such
restrictions may he removed by consti-
tutional amendment
I'm short the nature of the relation
of public officer to the public is, gen
orally speaking. inconsistent with eth
er property or IA contract right"
There We're three dissenting opinions
but on only one of these was the opin-
lon expressed that the decision of the
Kentucky Court of Appeals should be
reversed. This was delivered by Jus
tice Harlan. Justice McKenna was the
first of the dissenters to be heard He
stated that, while he concurred In the
result. he was not prepared to say that
n public office was not property.
Justice Brewer also expressed views
antagonistic to those of the court on
the point of office as property. He also
beld the view that the United tSates
courts were not without Jurisdiction.
but contended that the decision of the
Kentucky courts should be affirmed in
stead of dismissing the writ of error.
He agreed with the Court of Appeals
OF Kentucky. that upon the award Of
the assembly no other Judgment can be
entered than that which sustains It.
Governor Taylor Gives Up.
Louisville. May Ex-Governor Taylor
late this afternoon issued the follow
Ing order:
''To General ID. Il. Collier. Frankfort.
Kentucky: The Supreme Court of the
United States having decided in favor
OF Mr.. Beckham. nothing remains now
to be done except to dismiss the militia
and surrender your office to your sue
gaGsOr nnnpint.I La. NTp nn,i,h.,.. ~.