New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-05
JUSTICE DUNWELL'S VIEWS
TAYLOR DE FACT0 GOVERNOR - THE
COURT MUST INTERPRET
THE STATUTE.


To the Editor OF The Tribune.
Sir: In compliance with your request with
which I have been just favored, asking my
views upon the Kentucky situation, ii is impos-
sible to form anything like a correct judgment
upon the final legal rights of the rival claim
ants to the Governorship without study Of the
statute under which the Legislature has acted
In its attempted reversal of the decision Of the
State Election Board that canvassed the returns
and decided in favor of Taylor. That statute Is
not at hand But certain well recognized prin-
ciples of law cover the present status until the
courts can pass upon and settle the ultimate
rights of the contestants.
Taylor took possession OF the office Of Gov
ernor upon the certificate of the State Canvass
ing Board This made him Governor, both de
jure and de facto. The legislative committee.
assuming to proceed under the Goebel law. has
reported In favor of reversal of the Canvass
ing Boards decision, and what is claimed to be
a majority of the Legislature has also decided
in favor of Goebel
But before this action on the part of certain
members of the Legislature completed,
Taylor acting as Governor and assuming to act
under power vested in him by the Constitu-
ton had adjourned the Legislature, and now
contests the validity of its action upon two
grounds-drst that it could not lawfully act be-
action was taken by the members of the two
houses as joint body, and was not the act of
q majority of each house acting separately.
THE COURTS MUST DECIDE.
Now without venturng an opinion as to
which party may be right upon these legal prop
ositions the place for their decision is before
the courts having jurisdiction OF the subject
Until such decision Taylor is entirely justified in
defending his title. If he and his legal advisers
ore honestly of the opinion that he is still en-
titled to his office, 1t is his duty to maintain his
position until the question is finally determined
by the proper legal tribunals He owes this to
himself to the electors who voted for him and
TO the whole people of Kentucky. If a serious
doubt is entertained as to the legality of the
action of the Legislature it is due to the people
of Kentucky that such doubt should be removed.
This can only be done by the courts.
In the mean time, and until the courts have
passed upon the title, Taylor remains at least
the de faeto Governor, with the same power to
exercise the functions of office that the Gov
ernor Of any State possesses. He may command
the militia exercise the pardoning power and
all other powers conferred by law. In other
words having once lawfully become Governor
and the legality of the proceedings for dis
possessing him being questioned as Illegal, Tay-
lor remains the lawful Governor until the party
seeking to dspossess him obtains judgment of
the court to that effect Any other course would
lead to a clash of unlawful forces and to an
archy.
The statute under which the members Of the
Legislature acted is a recent and a harsh
one. 1t has been judicially interpreted
law which permits branch of a State gov
eminent by a party vote to overthrow another
branch particularly when the action Hereunder
is contrary to the will of the people expressed
by their votes upon the face of the returns.
ought to be construed by the courts and all dis
puted questions put at rest before the people are
asked TO accept such partisan action under 1t as
a finality.
If Goebel.s partisans have observed all the
forms emitting him to the office under the law.
nevertheless they cannot lawfully assail the ex-
listing government by force They are in no bet
ter position than any other sutton, who has
rights but must await their establishment by
the courts. The Goebel contestants have no
right to take the execution of the law into their
own hands by the aid of troops or other force.
No force TO obtain possession of the office can
properly be used until they have obtained
judgment by a competent court. and then the
Court will enforce its own mandate through its
ministerial officers
A MILITARY CONFLICT.
If military or other force is employed by the
contestants the present Governor would be JUS
titled in repelling 1t, thereby bringing col
lision that might result in the necessary inter
| ference OF the Federal Government in behalf of
! order-an extreme measure, only to be resorted
| TO a last necessity.
The only true solution, then, is to bring the
controversy at once before the courts. They
would act promptly in view of the urgency, and
both parties would be bound by the result. II
the result should be unsatisfactory, it would
then be chargeabie to the statute alone which
could be got rid of by the people. peaceably
through legislative action. All our experience
proves the wisdom of General Grants statement
that the best way to get rid of a bad law is to
! enforce 1t.
]. w. DUNWELI4 Justice Supreme Court.
Lyons, N. Y, Feb. 2. 1900.
] RO0SEYELTS VIEW OF THE SITIIAT TON