The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-22

WASHINGTON, may ll.--Ine UNITED states
supreme court today finally decided the
Kentucky governorshlp case IN favor OF
Governor Beolsham, Diminishing the writ
OF error from the Kentucky court OF APP
peals. The opinion was handed down
by Chief Justice Fuller and vigorous dis
senting opinion was delivered by Justice
Harlan. Justices Brewer. Brown and Nc
Kenna also dissented from portions OF the
opinion.
The case was dismissed for want OF
Jurisdiction. The chief Justice said the
court should be the last to ovorstep the
bounds limiting its own Jurisdiction. aud
that in the determination Of cases Of this
character contests for State offices must
necessarily be sottled by the political
branch OF the government That branch
had acted in the Kentucky case when the
general assembly took jurisdiction. There
was no appeal from the assombly's deci
sion, which was favorable 70 Gsassol and
Beckham, except to the tribunal OF tina
said. was always In scssion He said the
case was purely a State oasc-that Ken
lucky was IN the full possession OF its
faculties as a member OF the Union, and
that there was no emergency mt this time
calling for interference.
After reviewing the facts IN the case.
chief Justice Fuller said: 1T Is obviously
essential to the independence Of tho states
and TO their peace and Tranquility, And
their power 70 prescribe the qualifications
of their offices, tho tenure OF their Offices,
the manner Of their election and the
grounds on which the tribunals before
which and the mode In which sucS~elec-
lions may be contested. should be ex-
elusive and FREQ from external iuterfer-
ence except so far as plainly provided by
the constitution Of the United States. and
whore controversies over tho election OF
State offlcers have reached the state
courts In the manner provided aud have
been determined In accordance with stats
constitutions and laws. the case must
necessarily he rare In which the inter-
ference Of these courts can not be proper
ly invoked"
The chief justico then reviewed the cases
of Boyd vs.. Thayer, Wilson vs. North
Carolina, Kenny VI, Louisiana and Foster
Va. Kansas, and continued:
'The grounds on which our Iurisdlc-
ton Is sought to be maintsined In the
present case are set forth In the errors
assigned to the effect In substance:
-. That the action Of the general as
semhly IN the matter OF those contests
deprlves plaintiffs in error OF their Offices
without due process Of law.
20. That tho action Of the general as
sembly dapriyes the people Of Kentucky
Of the right to choose their own repre-
sentative, secured by the guarantee OF
the Federal constitution OF republican
form Of government TO every State and
deprive them OF their political liberty
without process OF law.
For more than 100 years the constitu-
ton OF Kentucky has provided that con-
tested electlors for governor and iieuten-
ant governor shall be determined by the
general assembly. In 1899 by a committee
TO be selected from both houses OF the
general assembly and formed and regu
lated In such manner as shall be di-
retced by law since 1859 by the houses
OF tho general assembly TO such resula
lions as may be established by law The
highest court Of the State has often held
and In the present case has again de-
.elared that under their constitutional
provisions the power for the general as
scmbly TO determine the.~esult Is exclu
siye ard that lts decision is not open TO
judicial review authorities quoted
ufltI
"The statute enacted for the purpose Of
carrying the provision Of the constitution
into effect has been in existence IN sub
stance since i7a9 ard many OF the States
have similar constitutional provisions
I'VE DO not understand this statute 10
be objected 10 as 10 any manner obnoxious
to constitutional objection. but TINT the
plaintiff In error complains OF tho action
Of the general assembly wider the statute
under the Judgment OF the state courts
declining 70 disturb that action"
After the chief justice had concluded
Justices McKenna Brewer and Harlan
read oplnic,s dissenting from the opin on
OF the court Justice Harlan entirely aud
/ the others on certain points Justice
/ Harlan IN his dissent quoted various au.
( thorities and ssld.
I Notwithstanding these adjudications,
1 tho decieion today is that this court has
I no Jurisdiction 10 inquire whether a ciu-
zen has been deprived without due process
( OF law, OF an office held by him under ths
constitution and laws Q. his State. II the
contest between the one holding the Office
and the person seeking TO hold it IL deter
I minable by the legislature in a prescribed
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