The Taney County republican., 1900-04-12
The State Court of Appeals Decides
the Gubernatoria1 Case
for Beckham.
CAN NOT QUESTION THE LEGISLATURE.
The Decision OF the Returning Board and
theSubs sequent Action OF .he Legislature
final-What the Republican Judges
Say-Cnited States Supreme Court to
BE Invoked.

Frankfort, Ky, April The court
of appeals yesterday handed down its
decision in the gubernatorial contest
in favor of Beckham, Judge Durell dis
scnting. The other two republican
Judges, Burnam and Guffy. handed
down a separate opinion, which diff
fered in its reasons from the opinions
of the democratic Judges, but agreed
with them in its conclusion. Judge
Hoison. one of the democratic Judges.
wrote the opinion of the majority con-
firminr the decision OF Judge Field, of
Louisville.
1t recites the work of the state can
yassing board and of the contest pro
ceedings in the legislature and all sub
seuuent proceedings, and holds:
Can Not Question she Legislature.
I'VE have no more right tc supervise
the decision of the general assembly
in determining the result OF this cleo
ton than we have to supervise the ac-
ton of the governor in calling a spe-
cial session of the Legislature or III
p:rdoning a criminal or the action OF
the Legislature in contracting debts OR
determining upon the election OF its
members or determining other acts au-
thorized by the constitution.
No Conflict of Action.
There is no conflict between the
action of the state canvassing board
and that of the legislature in these
cases. The state canvassing board was
without power TO 60 behind the re-
turns. They were not authorized to
hear evidence and determine who was
i'll truth elected. but We're required to
give a certificate of election to those
who. on the face of the returns had re-
ceived the highest number of votes.
For the state beard to have received
evidence to impeach the returns De-
fore them would have been for them In
effect to act rs board for contestinS
the election, and if they had Gone this
they would have usurped the power
vested in the general assembly by the
constitution. for by its express terms
only the general assembly can de-
ternine a contested election for gov
ernor and lieutenant governor. But
the certificate of the state board of
was il: truth elected. Their certificate
entities the recipient to exercise the Of
flee urtil the regular constitutional! au-
thority shall determine who is the de
iure officer. The rights of the de Jure
officer attached when he was elected,
although the result WAS unknown until
it was declared by the proper consti-
tutional authority. When it was so Ge-
clared it was simply the ascertainment
OF Il fact hitherto in doubt or ;inset-
tied. The rights of the de facto officer
ing board were provisional or tempo
rary until the determination Of the re-
suit of the election as provided by the
constitution. and upon that determina
ton. if adverse to him, they ceased al
together.
No Right Taken Away.
"Such a determination of the result
Of the election by the proper tribunal
did not take from him any pre-eNisting
right. for. if not in fact elected, he
had only Il right to act until the result
Of the election could be determined.
Ccnrt without JurisdictiOn.
1--WE are, therefore, unable to see
how this case can be distinguished
from any other Legislative action taken
in Il matter over which the constitution
has given the Legislature exclusive
jurisdiction, and we are, therefore, of
the opinion that the court is without
jurisdiction to go behind the record
made by the legislature under the con-
Stitution. Such 4 record seems to us
entitled to every presumption in it's
favor which the records of this court,
kept under its supervision. would fe
entitled to receive AT the hands of the
Legislature in 4 matter before ii.
The score Of Partially.
''1t is also argued that the contest
board was not fairly drawn by lot;
that certain members of the board
were liable to objection on the score
of partiality, and that, therefore, this
board was not properly constituted. II
any of these objections were we'll
founded, the general assembly had full
power to take such action as was prop
Ell in the premises. 1t does not appear
that any of the objections urged were
presented to the general assembly; but
if they were and it refused to make
q correction. it must De presumed that
it had sufficient reasons for it's action.
besides. the board was only prelim-
mary agency to take evidence and re-
port the facts to the general assembly.
The assembly itself finally determined
the contest"