The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-04

| opening of these doors of opportunity TO
women al time when industrial changes
made il almost necessity for them TO
earn money outside the home
The Real Issue i'm Kentucky.
1t is to be regretted that reckless par
tisanship should induce several generally
respectable Republican organs to attempt
the befogging of the straight issue be-
tween constitution and law on one side
and Instruction on the other in the State
of Kentucky. We are sincerely sorry to
see such tendency because it too plainly
points TO the conclusion that even the
least constituencies Hanna organization
opponents are ready to resort TO any sub
terfuge and to any suppression or distor-
tion of facts TO gain partisan advantage
although. in taking such course they
knowingly throw their influence in the scale
against good government and republican
institutions. partial exception may be
made in the case of the New York Trib-
une," which, after lodging the question
for couple of DAYS, has finally decided
that Taylor's authority to dispense the
Kentucky Legislature and order it TO re-
assemble at a future time in the deiiles OF
his own moonshine district, under the
rifles of his mountain bushwhackers, is at
least open TO doubt.
The ether side has been more straight
forward and honest. Taylor received his
certificate OF election from the State Elee-
tion Board, legally instituted authority,
and was, for the time being. recognized as
de facto Governor by all parties and by
reputable Democratic journals every
where. But the power to make him Gov
ernor was not complete in the Election
Board. Its action and his title were sub
jeet TO review by the Legislature In ac-
cepting the certificate Taylor bound him
self to abide by the action OF the review
ing power behind IL. He and his party
made their canvass, cast their ballots, and
claimed the success of their State ticket,
all strictly subject TO the laws of the
State. which included the right and duty
OF the Legislature TO determine the fact
of the election and title to office OF the
sitting Governor and other officers in the
event of contest.
The Legislature assembled at Frankfort
Having met and organized. ii became CO.
ordinate branch of the government, abso-
lutely independent Of the Governor in mat
tiers pertaining TO its own affairs. 1t was
not until Taylor learned that the constitu-
tionsl power TO which he was bound to
bow was about to declare him not elected.
and TO Gust him from the gubernatorial
chair, that he ceased to recognize the law
making power, and dared TO refuse Ii adj
mission to the State House, violently pre-
vent its meeting In other places. and ''ad-
journ'' its sessions. These actions we're
totally without warrant of law, and we're
riotous. insurTectionary, and reasonable.
The section of the State Constitution upon
which he pretended to base his assault
upon the State government did indeed give
a Governor the privilege OF, by proclama-
ton, assembling the Legislature in place
other than the State capital when by rea-
son of war, instruction, or pestilence,'
It would be impracticable for 1t to mee:.
organize. and transact business at Frank
fort But it had already met, organized,
and was engaged in its constitutional du-
ties at that place. There had been no sug-
gestion of war, instruction. or pesti-
lence" There never has been any evil
dence OF any one of the three conditions,
except in SO far as Taylor himself has en-
couraged promoted, and finally precipi-
tated instruction by bringing to Frank
fort and using for political ends the horde
of drunken and murderous mountain saw
ages with which he has terrorized the
viciuage and through whose backing he
has succeeded for a time in defying the law.
Taylor has REASONABLY sought to sup
press and disperse the Legislature. He
has defed the courts by kidnapping a per
son deputized TO serve process upon him,
and who succeeded in accomplishing ser
vice. Now he is under temporary injunc-
ton to refrain from interfering with the
Legislature, Judge Cantfill having issued a
restraining order yesterday. His only re-
ply SO far has been an application TO the
Federal court In Louisville for an 'njunc
ton in support OF his instruction. 1t is
inconceivable that any United States judge
could be found to interfere. The action OF
the President and Cabinet is sufficient to
show that the Administration leaders
would rather keep the party out of the af-
fair. There is no temptation, Therefore,
for any minor Federal judicial officer 10
stretch authority in the premises. Consti-
tutionally and legally there is not the
slightest warrant or excuse for the inter
position of the national judiciary at this
stage of affairs.
Possibly there might be some appeal from
the decision of the Kentucky court of last
resort, but, if so, it could only be in the
ordinary course to the United States su-
preme Court, and. in the mean time, Tay-
lor and his bandits would have TO bow TO
the edicts Of the State courts and the Leg
islature
Cleanliness mud Civilization.
A rro- Roer orgau Of New York has for