The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-04-11
Republicans Of
Kentucky Will Appeal.
The Decision is Against
Them.
Two Of tho Three Republicans In
state Supreme Court Agree
With Democrats Major
ity.

Teytors tonight authorised the state
oent that On appeal on behalf Of Gov
Taylor asd Lieut. Gov Marshsll will
6sacsrrisd 70 ,hs supreme court Of the
Uuited States
Mr Bradley and Judge w H
Yost. ooassel for the Republican
State o0oers. were 10 consultation
With Gov Taylor for several hours
THE sitssnoea. and the shove state
T. nept We msds at the close of the
cosSsssaee IL 10 stated ,hss Col w
y. p bssokiuridge and Republican
leaders from diGereos psrts of The
Sssae VIII meet Gov. Taylor 10 con
l6ssooe here tomorrow morning
Ex Gov Brsdley ssid:
"Ws Will not take advantage of
any ssehnioslities 20 delay the pro
gvsss a appssls The verdict 10 nos
dlsheartesiog 10 40 We will ssk
fos . writ Of error to the supreme
oouss % oace and :shese contests will
now DO q % end 10 very short
time "
The coass Of sppssls today handed
down its decision In the gubernsto
rial coutess IN favor Of Beckham,
Judge DuRolle dissentiog The
other Two Repsbliosn judges. Burusm
sod 0o9y. handed down Q separate
opinion. which differed 10 i,s reasons
lfo0 the opioion Of the Democratic
jsdges, bat agreed With them 10 iss
ooaelusios Judge Hobson. one Of
The -four Democratic judges. wrote
ths opinion Of che majority Of the
eosrs. sllruiog the decision Of Judge
Field of Lsaisvills
u recisss the work Of the State
sasvssl1sg Bosrd end OF The contest
psocssdluG II the lsgislsturs ssd oil
Subsequent proceedings. and oonsin
go I'VE hsvN no more right to
supesviss The decisions Of the general
ssssnbly IN dsssrmiuiog the result Of
THE sleclloa tbsn vs have 10 super
vice the sosion Of The governor in
cslling . sysoisl session Of the lsgis
lsluse OF. 10 pardooiog criminal. or
the action OF tbs legislstuse io con.
srscsing detss OF Determining upon
ehs election of i,s members, or
doing coy other cot authorized By
che coossisetior There 10 no conflict
beswsso the action Of the State can
vsssing boasd cod that Of the legisls
tore IN lhese cases The State can
vssaiug boasd Wss without power to
70 behisd the Sesurns. They were
sos sushosissd 10 hess evidence aud
desssmlne Who Wss 10 truth elected,
bus were required to give oersifoste
Of elsctioa % those Who on tho face
Of the returns had received the high
sss nunbss Of votes For the State
bossd to tsvs received evidence to
impeseh shs retusns before them
would have been for them. in effect.
20 scs - . board Tor oontesting The
eleo,ios. cad II they had doue THE
they weuld have asuTped The power
vested II she general assembly By The
eoessisus,oa. fos By lie express terms
esly The gsoersl ssssmbly osn deter.
mins . oossessed election for gov
ssuor os lisetsosnt governor. But
che osssi6csles Of the State board Of
ossvssssss u no evidence % 10 who
vss in srslh sleoted Their csriii.
osse entities The reoipieut TO exercise
The o0es sWsil the regular coostitu
siouslisy sAsl, determine who 10 the
d lore o0csr The lights Of the do
lore o0ees sitsched when he 10 elect.
ed. slsheagh the result wss unknown
until IL wss dscsssed ty the proper
constitutions sathcsity When I,
vss % dec,sssd Il was simply the
sscerssia@sm or . feet hitherto in
dcubs es sss~t,led The rights of the
do iscso officer usder HE certificate
from he csnvsss'ng board were pro
visi.rsl nc temporary until the deter.
mins,ion Sf The sesult Of ths:elec,ion
% provided IN the constitution aud
upon thss determination. " sdverse
TO hin. sney erssed sltoge,her. Such
Q differentiation Of the result OF the
election By sbe proper tribunal did
NOT ,ske from him any pre- existing
right, for " no, elected. be had
only . s:ga, TO &C, until the resul,
Of the S,sc,ion could be determined
We ere. shtsefnre unable tn see how
thu csse can be distinguished from
sny other ;egis,s,ivs action taken ir
. ,na,,., nvrr which The conetitutiOu
has given the legislature exclusive
Jurisdiction. aud we are. therefore.
Of the opinion that the court is with
out jurisdiction 10 90 behind the
record made by the Legislature undel
the constitution Such record
seems 10 ~ entitled to every pre-
sumption ia its favor which the
records Of this court, kept under iis
-.,,ll hn nnsiflnh An