New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-04-07
KENTUCKY GOvERNORSHIP
COURT OF APPEALS AFFIRMS DECISION
IN FAVOR OF BECKHAM-TO BE
CARRIED TO UNITED STATES
SUPREME COURT

Frankfort KY. April 6.-The Court of Appeals
to-day handed down its decision in the guber-
material contest in favor OF Beckham. Judge Du
Rel dissenting The other two Republican
judges Burnam and Guffy handed down a sep
arate opinion which differed in its reasons from
the opinion of the Democratic judges, but agreed
with them in its conclusion. Judge Hobson, one
of the four Democratic judges, wrote the opin-
ion Of the ma jority Of the Court. affirming the
decision OF Judge Field of Louisville 1t recites
the work of the State Canvassing Board and Of
the contest proceedings in the Legislature. and
all subsequent proceedings. and continues:
We have more right TO supervise the decision
suit OF this election than have to supervise the
of the Legislature in pardoning criminal or
the action of the Legislature in contracting debts
doing any other act authorized by the CONSTITUTION.
these cases. The State Canvassing Board was
not authorized 10 hear evidence and determine
who was in truth elected but were required 10
face Of the returns had received the highest mum,
evidence mpeach the returns before them would
have been foc them, in effect. to act as a Board
for contrasting the election. and # they had done
this they would have usqrped the power vested TED
by its express terms only the General Assembly
determine a contested election for Governor
But the certificate of the State Board Of Can
vassers is no evidence as TO who was In truth
elected Their certificate entities the recipient to
exercise the office until the regular constitution
the rehs of be de hTe oer at ef Whe
he was elected, although The result was unknown
authority When il was so declared it was simply
unsettled The rights Of the de facto officer under
his certificate from the Canvassing Board were
Of the Result Of the esction as provided in the
CONSTITUTION ana upon that deterI1ination if ad-
termination Of the result of the election by the
existing right. for if not in fact elected he had
only right to act until the result OF the election
We, are therefore unable to how this case
can be distinguished from any other legislative
action action taken IN q matter over which the Consti-
tuition has given the LEGISLATURE exclusive jurisdc
the Court is without jurisdiction to go behind the
,'ifes pN me Le5isiatufe uhder the Con
every presumption in its favor. which the records
of this court. kent under its supervision. would be
entitled TO receive the hands Of the Legislature
n matter before it, Il is ALSO argued that the
certain members CT the Board Were liable TO objec-
,bi 3 sg oe ol paIar i, ana ma 'heTeore
Of these objections were well founded the General
was proper in the premises It does not appear
that any Of the objections urged were presented to
the General Assembly. but, If they were, and It
tlat n had snfficient reasons for it's acton Be
to take evidence and report the facts the General
t d6btsst Inc Assembly itself finally determined
Ex-Governor W. o. Bradley chief counsel for
Governor Taylor. tonight authorized the state
ment that an appeal on behalf OF Governor Tay
Tor and Lieutenant-Governor Marshall will be
carried to the Supreme Court of the United
States. Mr.. Bradley and Judge w. H. Yost,
counsel for the Republican State officers were
in consultation with Governor Taylor for
eral hours this afternoon, and the above state
ment made at the close of the conference.
1t is stated that Colonel w c. p. Breckenridge
and Republican leaders from different parts Of
the State VIII meet Governor Taylor in confer
ence here tomorrow morning.
Ex-Governor Bradley said: We will not take
advantage of any technicalities to delay the
progress Of the case. The decision Of the Court
Of Appeals is not disheartening to We will
ask for a writ of error TO the Supreme Court
at once, and these contests will be at
end in very short time