The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-02-04
The Confusion in Kentucky.

There appears to be no doubt that the
final power OF deciding an election contest
for Governor In Kentucky Ia vested In the
Legislature Of that Commonwealth.
The Constitution of Kentucky contains
this provision on the subject:
Contested elections for Governor and Lieutenant
Governor shall be determined by both houses Of the
General Assembly, according to such regulations a.
may be established by law
Under the power thus conferred upon it
to regulate the proceedings to determine
such contests. the Kentucky Legislature
enacted the so-called Goebel law. This pro-
vides for an investigation by a Legislative
committee whose action, however, shall not
be final "but shall be reported to the two
Houses OF the General Assembly for the
further action OF the General Assembly.
And the General Assembly shall then de-
termine such contest"
II the Houses may lawfully meet In Joint
session to make the decision, the Legislature
would undoubtedly declare Go'.BEL elected,
IA his adherents outnumbert the Republicans
on Joint ballot. On the other hand, IL each
branch of the General Assembly may act by
itself, according to the ordinary method Of
Legislative procedure, the Republicans are
hopeful that the State Senate would not
consent to unseat TAYLOR.
Able lawyers in Kentucky, including such
a Democratic leader az Senator LINDSAY,
have expressed the opinion that the Legis-
lature possesses no Constitutional author
ity whatever to act upon the election con-
test In joint session.
Governor TAYLOR, however, A., as evidently
apprehensive that IL would endeavor to do
ST., irrespective OF any prohibition in the
State Constitution; and he prevented any
meeting Of the Legislature at ell at Frank
fort at the present time by declaring that a
state OF instruction prevailed in that city,
and adjourning the General Assembly to
another place Of meeting In the future.
This was done under the sanction Of q
provision OF thu Constitution, which directs
that the sessions OF the General Assembly
shall be held at tho scar OF government,
except in case OF wa. instruction or pesti-
lence, when 1t may, by proclamation OF the
Governor, assemble for the time being, else
where"
Tho Governor having proclaimed the ex-
istence Of an insurrection at Frankfort, we
do not see why the direction for the L gis.
lature to assemble elsewhere was not a
strictly Constitutional mandate in form;
and The subsequent attempt OF the
Democratic members to pass upon the
ala1tinn naptast mud Iaoinr. n4,,x
elected when the Legislature was not
really in session anywhere cannot have
had any legal effect to bring about the re-
suit desired and intended. We can discover
no plausible legal argument In the ad-
mitted facts of the case for questioning the
present authority OF TAYLOR ~ act as the
Governor OF Kentucky.
The propriety OF his proclaiming Frank
fort to be in a state Of instruction is quite
another question. THE Governor and all
civil officers shall be liable 10 impeachment
for any misdemeanors In Office" There
can be no doubt that Governor TAYLOR
would be- liable to prosecution under
this provision Of the Constitution Of
Kentucky IL 1t could be made to
appear that there really was no insur-
reotion in Frankfort when he Issued
his proclamation, and that no knew there
was none. But the fact that he might be
impeached for wilfully making a false
proclamation did not deprive that procla-
nation Of It's Constitutional effect, which
was to transfer the legal meeting place Of
the Legislature from Frankfort to London.
After Its issue the proceedings Of tho Demo-
cratic members In Frankfort were not
even in conformity with any Of the forms
OF law.
AT this distance and without familiarity
with the course Of legislation and judicial
decision on such questions In Kentucky, We
believe that Governor TAYLOR exceeded his
authority in preventing the Legislature
from meeting at Frankfort on the ground
that an instruction had broken out at the
capital. Was not the insurrection Al that
time largely imaginary Could not . ses-
SIGN OF the Legislature have been held there
In perfect safety and good orderf
II Governor TAYLOR and his friends ara
right In the view that the Houses Of the
General Assembly cannot lawfully decide
the election contest In Joint session. they