The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1900-05-25
.1nd noy Ut
BECKHAM WINS"


kentucky Assembly.
WASHINGTON, d. c., May 21.-
The United States supreme court to-
day decided the Kentucky COVER
norship case in favor Of governor
Beckham, dismissing the writ of err
ror from the Kentucky court of ap-
peals. The opinion was handed
down by Chief Justice Fuller, and
a vigorous dissenting opinion was
delivered by Justice Harlan.
The case was dismissed for want
Of jurisdiction. The chief justice
said the court should be the last to
overstep the bounds limiting its own
jurisdiction, that the determination
Of cases Of this character, contests
for state offices, must necessarily be
settled by the political branch of the
government. That branch had act
ed in the Kentucky case when the
general assembly took Jurisdiction.
There was no appeal from the as
sembly's decision, which was favor
able to Goebel and Beckham, ex-
cept to the tribunal Of the people,
which tribunal the chief justice said
was always in session.
He also said the case was purely
, state case; that Kentucky was In
the full possession Of its faculties as
a member of the union and that
there was no emergency at this
time calling for interference.
After the chief justice had con-
cluded, Justices McKenna, Brewer
and Harlan read opinions dissenting
from the opinion of the court, JUS
, tice Harlan entirely and the others
on certain points.
Gov. Taylor recognizes that this
decision ends the present contest,
and has tlrned the executive office
!, over to Beckham, and will probably
. go to the Paris exposition.
Justice Harlan, in his dissenting
opinion comments upon the Ken.
tucky legislative action as follows:
:, 1T i. to be regretted that case
= like this should be the occasion OF a
! departure from principles heretofore
announced and acted upon by this
! court. Looking into the record OF
! ! this case find such action to have
= ! been taken as is discreditable to a
! ! body claiming to be the legislature
] of Kentucky, and which is assumed
I I to be acting in accordance with the
" laws. 1t openly and deiantly
), trampled upon the will Of the peo.
= pie expressed at the ballot box. 1t
!, struck at the very foundation OF
: Liberty regulated by law"
!. found also the decision OF the
;. body Of gentlemen claiming to be
Z I, the Kentucky legislators purely
= = arbitrary, because made.without look
= !. ing at all into the evidence.
I, 1t is not pleasing thing to say,
> but feel constrained from a sense
:, Of duty to say that the action OF that
y = body is such that it ought not to be
- - respected in any court as ludg
ment upon the question involving
:, ',,important rights submitted to it fol
=, decision, but as an action taker
- - wholly outside of all law, and II
- :. contempt Of the constitutional righ'
y of free men to select their rulers
- - The record justifies the belief thai
:, - that body was wholly indifferent a
~ ~ to the nature Of the evidence, ant
- z, that there was fixed purpose OF
~ ~ its part to put Goebel into office am
: ! GUST Taylor, regardless OF the proc
-, in the case. If any regard what
~ ~ ever had been puid to the evjdenc
a. a. no conclusion favorable to Goebe
" could have been reached, on an.
,olground upon which the board Q
:, ~ contest, or the body calling itself tn
H. 4, Legislature, had juri sdiction t de
- termine the contests" ~
" Harlan announced in his opinion
the Judgment should be reversed
!, and said later he would flea NOR
I'Ielaborate written opinion. 7N'