Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1900-05-21

others. Neither the insurgent Taylor
nor Gov. Beckhsm was present or rep
! resented by counsel. Chief Justice
Butler read the opinion OF the court,
| Chief Justice Fuller announced that ne
would not 90 into the facts as present
cd but at once dispose OF the case. ne
reviewed the arguments on both sioes
and dwelt upon the essential necessity
existing for independent power among
the States TO determine the quainca.
ton gifts own officers and that the con-
test for the same should be exclusive
| and free from external Influence. Cnief
| Jnstiee Fuller quoted q number OF cases
in which the interference of the United
States Supreme Court was invoked.
| He showed wherein these cases differed
from the Taylor Beck ham case. Inc
assertion that there was no due process
| of law was denied and the fact that the
constitutional provision of Kentucky
providing for manner of contest was
not attacked was referred to. This
provision has held for more than hun
dred years. There was no viola
lion of the 18th amendment and the
office of Governor is not to be deemed
property under the law. Governor
Taylor's rights were provisional till de-
termined by the reviewing board. Nor
is the point we'll taken that the decis-
ion against Taylor made patent any
condition equal to taking from the
State is republican form of govern
meut or its right to choose its own Off
GERS. The remedy must be found In
the tribunal of the people. The United
States Supreme Court has not jurisdic-
ton, no federal question having been
raised, and the writ of error was dis
missed. Justice McKenna announced
that he coDcurred in the result, but is
not prepared 10 say that an office is not
property. 10 this case, however, Tay-
lor's rights had not yet become proper
ty rights. Justice Brewer. for himself
and Just ce Brown, was unable to con-
cur 10 all the Chief Justice bad said.
He held that the court has jurisdiction
and that an office is property, but
that the contest before the legislature
was final. He thought the writ OF er
ror should not be dismissed, but that
the judgment below should be affirmed.
He does not deny that there we're many
alleged wrongs and that some of the re-
suits were achieved by trickery. Jus.
ice Harlan announced yet another
view, it being bis opinion that the
court has Jurisdiction and that the de.
cision below should be reversed. The
action of the legislature was discredit-
able, he said. 1t took action without
consideration. 1t de6ed the action of
The people 1t ought not to be respect
cd as a judgment in any court. There
was a fixed determination to seat Goe-
Del. No judgment favorable to him
could have been reached had the evil
dence and the law and the Consti-
ution been regarded. He will file
written opinion at some fu-
ture time fully embodying his views.
In delivering the opinion OF the court
Chief Justice Fuller said 10 conclusion:
"The wealth OF K ntucky is in
full possession of its faculties as a mem
Der OF the Union aud no exigency has
arisen requiring the interference OF the
general government to eDforce the
Guarantees of the constitution. 10 the
eye OF the constitution, the department
of the State are peacefully operating al
hough there may be difficulties and
disturbances arising from the tendency
and determination of these contests
This very case shows that this is
80, for the parties who assert
that they were aggrieved by the action
of the general assembly properly sought
he only appropriate remedy, which
under the law was within their reach.
That this proved Intellectual was the
result of the constitution and laws M
der which they lived and by which
they were bound. Any remedy beside
that is to be found in the august tri.
bunal of the people," The decision is
also that the writ of error in the case of
Taylor ard Marshall against Beckham
aud Carter, involving Carriers right to
preside over the State senate of Ken.
lucky, must be dismissed.
The Boer ervoys, Fischer, Vessels
and Wolmarans, spent this morDing
quietly at their hotel receiving calls
from a number of sympathizers with
their cause. They will this afternoon
call upon Secretary Hay and try to ar
rauge for reception by the President
at which they will present their cre-
jentials. What those credentials cover
- not known, but Gen. O'Beirne says
hey provide the ENJOYS with excep-
ional powers approaching those OF
ministers plenipotentiary and ENJOYS
extraordinary. These ENJOYS place no
credence 10 the reports that come from
Lorenzo Marquee by way of London
hat plot had been discovered at Pre-
toria to depose President Kruger, and
that the Transvaal government had de-
cided to surrender to Lord Roberts.
They say that these reports emanate
from British sources and are not to be
believed.
So alarmed have republicans become
at the prospect of the probable result OF
The next national election that they
have cajoled poor old Mr.. Sherman,
whom they have treated 30 shamefully,
into submitting to another newspaper
interview, 10 which he is made to say
that the President is dead sure of re-
and that be. Sherman, il sorry
le is TOO feeble to take part in the cam.
paign.
The decision of the U. s. Supreme
Court today in favor of the democrats
10 the Kentucky case was just what has
zen expected from the first and there
f IRE occasioned no surprise when it was
announced, though it must be said that
many republicans 10 both branches Of
Congress heard it with ill-concealed
1t is supposed here that Mr..
Taylor will now remove himself to In
iiana, the Governor of which State has
promised him harbor there, safe from
he Kentucky law officers who will ar.
rest him for conspiracy in the murder OF
Anuarnar Gaahel II found uithin tho |