The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1900-04-12
BECKAAM.
The Court Of Appeals Gives De.
cisiOn in the Gubernatorial
Contest Case.
ONLY one OF THE JUDGES DIssENILp.
Republican Judges Burnam and Cuff,
Handed Down Separate Opinion,
But Agreed in the Conclusion.
Thc Opinion Holds That t'e Action
of Legislature in Seating Beck
ham was Finat-COurts
Have No Power.


Have No Power.
Frankfort. KY, April THE court
Of rppeals Friday at noon handed
loxn it's decision in the gupernatorial
! contest in favor OF b sckhan. Judga
Dunelle. republican was the only
Judge dissenting. The other two re-
| publican judges, Bnrnam AID Guify
handed down separate orl'iion irom
the democratic judges. bu5 whio.
agreed with the democratic members
| in it's conclusion.
| Judge Hobson wrote the opinisr
| of the court. The concurrence OF
Judges Burnam and Guffy with the four
democratic judges was surprise gen.
orally, but to the republicans espc-
cially, and there is much speculation
| now as to whether the talked of APP
| peal to the supreme court will be
prosecuted
| The opinion holds that the action
! of the legislature in seating Gov
| Beckham was final. and that the
courts have no power to review it;
Gov. Taylor exceeded his authority
in adjourning the legislature to Len
don, and that the journals of the two
houses of the legislature, being reg
ular, can not be impeached. The re-
publicans will now try TO get hear
ing before the United States supreme
court. Thirty days must elapse be-
fore the mandate of the court of ap-
peals, in accordance with Fridays de-
cision is issued Meanwhile no radical
change in the relative positions OF
the two state governments is eX-
| )ected.
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 then!
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 hao
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 as-
islature, when it acted, declaring Goe.
bel governor, was sitting only as a
contest board, and that it had no jur-
| isdiction at that stage of the proceed
! ings to determine the issue it under
took to dispose.
Frankfort, KY, April s.-Chief JUS
| tice HaZelrigg, of the Kentucky court
of appeals, Saturday afternoon grant
| ed writ of error to TIE supreme
court of the United States, from the
decision rendered by the court of ap.
peals Friday in the contest cases in.
volving titles to thr offices of govern
or and lieutenant governor.
Frankfort. KY, April THE prose.
cution are more confident than they
have heen since The day of the assas.
sination that they are close on the
trail of the murderer Of VIM. Goebel
They stoutly claim that the confes.
sions of Henry Youtsey and w. Ii
Culton have more than corroborated
the evidence given by Wharton Col.
den on the stand ten days ago, and il
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 befor, then. The fact
that both attorneys and personal rep
resentatives not only refuse to either
affirm or deny the rumors that Cultor
and Youtsey have confessed gives ere
dence to this claim.
Wharton Golden YVES before the
grand jury, and it is sali he told more
than he told on tn, witness stand n,
the examining trial of Caleb Powers
Youtsey's attorneys, Col. LID. Craw
ford and r. w. Nelson, of Newport
declined to talk, but other friends o.
the young man admitted that propo
sitions were in between the prosecu
tion and defense which may result il
Youtsey becoming witness for tn,
prosecution, and this, it is supposed
is to be in the event the prosecution
agrees to give immunity to ioutscy
Frankfort, KY, April 9.-The grapt
jury will continue the investigation
of the Goebel assassination during
this week. Abouts 10 witnesses hav,
been examined SO far, and 1t is sale
that more than that number are OF
the ,list of those who have not We
been heard. No report Is expected
before the latter part of the week
1t is said that the names of several O
the most important witnesses VIII,
have testified so far nave not beel
disclosed, and the evidence has beel
jealously guarded
The habeas corpus proceedings il
the case of 'Tallow Dick" Combs, th,
colored suspect, is set for hearing be
fore Judge Cantrill Tuesday, but it i
not expected that anything will b.
. brought out in this which will throw
, any light on the mystery surroundin,
! the assassination.
A Mortgage for S5,OOO,OOO.
New York, April Sit was an
nounced Saturday that the director