The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1900-04-12
The Court of Appeals Gives a De-
ciSiOn in the GubernatOrial
Contest Case.
ONLY ONE OF THE JUDGES DIssEN1Ep.
Republican Judges Burnam and Guffy
Handed Down a Separate Opinion,
But Agreed In the Conclusion.
The Opinion Holds That the Action
of Legislature in Seating Beck
ham Was Ftnai-Courts
Have No Power.

Frankfort, Ky, April THE court
Of appeals Friday at noon handed
1own its decision in the gupernatorial
contest in favor o. B.ckham. Judg,
Dunelle, republican was the only
judge dissenting. The other two re-
publican judges, Enrnam and Guffy,
handed down separate orrJion from
the democratic judges. bu; whict
agreed with the demOc-ati; members
in its conclusion.
Judge HObson, who writes the main
opinion of the court, holds that the
legislature was the sole tribunal to
decide the contests for governor and
lieutenant governor and that its ac-
ton is complete and final. He says
the journals of the two houses are
unapproachable evidence and to the
action of that body and that where
there is no way to go behind them
within in the courts or elsewhere.
Gov. Taylor's proclamation adjourn
ing the Legislature TO London is held
void on the ground that under the
constitution the Legislature itself had
the only power to remove its sittings
to another place after it had been con-
vened in regular session. Judge Dun
ellie, who dissented, holds that the .ee-
islature, when it acted, declaring Goe-
bel governor, was sitting only as a
contest board. and that it had no iur-
isdiction at that stage Of the proceed
ings to determine the issue it under
took to dispose.
Writ of Error Granted.
Frankfort, Ky, April s.--Chief JUS
tice Hazelrigg, of the Kentucky court
of appeals, Saturday afternoon grant
ed writ of error to tic supreme
court of the United States, from the
decision rendered by the court Of APP
peals Friday in the contest cases in
volving titles to the offices of govern
or and lieutenant governor.
Frankfort, KY, April THE prose-
cution are more confident than they
have teen since the day Of the assas-
that they are close on the
trail of the murderer Of VIM. Goebel.
They stoutly claim that the confess
sions of Henry Youtsey and w. II.
Culton have more .han corroborated
the evidence given by Wharton Col
den on the stand ten days ago, and it
is claimed that the full facts in regard
to the murder will he laid bare when
the cases of the suspects come to
trial, if not before then. The fact
that both attorneys and personal rep
resentatives not only refuse to either
affirm or deny the rvmors that Culton
and Youtsey have confessed gives Gre
dencc to this claim.
Wharton Golden YVES before the
grand jury, and it is sail he told more
than he told on the witness stand at
the examining trial of Caleb Powers.
attorneys, Col. j. j. Craw-
ford and II. w. Ne'son, of Newport,
declined TO talk, but o.her friends Of
the young man admitted that propo-
sitions were in between the prosecu-
ton and defense which may result in
Youtsey becoming a witness for the
and this, it is supposed,
is to be in the event the prosecution
agrees to give immunity to foutscy.
Frankfort, KY. April 9.-The grand
iury will continue the investigation
IF the Goebel assassination during
this week. About 70 witnesses have
been examined so far, and 1t is said
that more than that NUMBER are on
the list OF those who have not yet
been heard. No report is expected
before the latter part OF the week.
II is said that the names of several OF
he most important witnesses who
have testified so far nave not been
disclosed, and the evidence has been
iealously guarded.
Frankfort, KY, April 1c.-The re-
port that it would take one thou-
,ond men to arrest Jim Toward, OF
~lov county, who is said TO have hred
he shot that killed Gov. Goebei, was
lenied Monday by DIR. II. B. Philips
prominent citizen of Cay county
Dr.. Phillips arrived here Monday
morning and announced that he had
,een Howard and had long tax
y;tb him. Howard, he says, told him
hat whenever a warrant was issued
or his arrest he would gladly go
9TH the officer serving it, and would
,ot attempt to dodge or resist me
aw in any way. Howard is in Gay
county at lbs home and tod Dr. fnli
ms TO inform any cfiicer with war
ant for his arrest where 10 nhu hiin'