The Atlanta constitution., 1900-04-09
Two Republican Members of
the Body Agree With
Democrats.
ONE VOICE FOR TAYLOR
Highest Tribunal of Law in the State
Renders Decision Stating That
Goebel Was Entitled to
Kentucky Gubernato-
rial Chair.

Frankfort. Ky, April 6.-The court of
appeals today rendered a decision in the
consolidated cases involving the governor
ship of Kentucky. sustaining the decision
of Circuit Judge Field. and declaring that
the action of the Legislature declaring Will
liam Goebel to be governor and j. c. w.
Beckham lieutenant governor was final.
1t is held that the courts have no
power to review this action of the
legislature; that the governor ex-
ceeded his authority in adjourning
KY, and that the journals of the two
houses of the general assembly, be-
ing regular, cannot be impeached.
The division of the court was to l in
favor of the democrats. four democrats
and two republicans concurrlng in the
majority opinion. Judge Durelle, repub-
lican, dissented The majority opinion
was written by Hobson.
Judges Guffy and Burnam, repub-
licans, wrote shorter concurring
opinions agreeing with the majority
on all vital points, but denouncing
the action Of the Legislature in un.
seating Gov ernor Taylor and Lieu
tenant Governor Marshall.
Judge Hobson's opinion reviews the
facts of the election, the contest and the
approval by the legislature of the reports
of the contest board. lie quotes the pro-
vision of the constitution governing the
relations between the governor and the
legislature ana continues:
From this provision it is clear that the
governor had no power over the time of
the adjournment of the two houses eX-
cept in case Of disagreement between
them. There had been no disagreement
between the two houses here, and if the
governor could have adjourned them from
January 3lst to February 9th. he might
nave made the time one month or four
months. and then bv a similar proclama-
tipn adjourned them again and indefinitely
prevented action upon the contest 1t is
also To be observed that while the cOnsti-
tuition gives the governor the power with
respect To the time of adjournment in case
Of disagreement between the two houses,
IT Confers upon him no such power to
name another place than that in which
the legyIatUrc may be sitting.
1.-THE deg, oe Goebel. February
s-I.,-.is t,O' ern6f;- IN Novern Der. BecL.
ham, upon Goebel's death ON Foh,.,,
airy Sd, became entitled TO tbe ofs;e.
of governor, end had the ripbt -
continue the contest to secure VIII
the constitution guarantees n h;u, ;,
As To the valiity of the entrio.. :, -,
Journal and the fleet 10 be given to M. 'lle
the opinion says 'ich
1T IS alege, that the iourpo,, 49,.
raiuo!Ih'' .,,..'l .1i inS"ork of conspiracy Ne
tween the ciers of the two h6msoe pe
tain of the mcrbers and tho no,,teS, Ger
ana that the IfS shown by tho io,,rinIS, -,
as 10 the prescne of the members "t "e mus .4
two houses andhe action taI,n,, ~, VI the
are untrue. Ic question ie DN lnem
can the court gar evidence of M. lore
acter assailinghe integrity of tbn Lilsir- ia5iir-
latiVe journals 'ic leSlS-
THE journaf each boueo of a.
eral aSsembly,"pt pursuant to tho 6 6en- !
sttution. und' the supervision of con on
nous, nov -, WI, d approved by the housn f,
not the act one clerk, but the ao, |
the house its, ana is entitled t pl @
same respect any of its other ofri''iilI, ~ {
,iCtS; ,,s;i >" Iai we nave seen the an =
not he rcceiv.in court 10 ipo',i,e, can o
verify of the ord provided bv the c'.,, o,ae s.
Sututloh as eehce of Legislative nrm ~
cecdlngs. Thtound of an tbe ~ pro- cl
is that the juiary has no now. 0,SioiiS ,S
IN Judgment lh the motives of ~, ~ ~
dependent brIl or the government III III
deny legal ct to t4le rarnrd ~ or
action, solem made bv il nt,r.,, VI us NJ
the constitut If this were aIIoU,i,'J, 20 20 an
would soon NV tnat tLe fndanar'I.r ~ If
together" 'U dI-
As TO the ention that the actio, '
the legiSlatWas in conflict viii tl ol Oft
fourteenth adment to the conStit,.e itne
tiOn, the Cosays: V'iSlitu-
"The offic9overnor bein,, c,,,,, S
The conStitu OF this st,tn9 i'dled by SoI
mput Crcati. might DronarI,- iuStru- ser
how the otfifS to be eIerted' provide Dil
the result ds election should be nov dsV Ser
tcrmined. DrOvi.onS of M ~ ~. ue-
tuition ON thbject do not abride'o,i dSoilStl- St
privileges dmunities of citizens me ne la
thc United $. i9 Oh Cl
"Such hIlce is not DroDar+ gaV
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Il
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