The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-23
HOUSTON, WEDNESDAY, MAY 2a.
TWELVE PAGES.
TRIUMPH For STATE soVEH-
nnIfa NnaN-

EIGNIN.
Beckham is governor OF Kentucky. The
supreme court in effect has so declared
and the issue is settled.
Taylor who has dehed the assembly and
courts OF Kentucky now admits that he
must step down and out. His usurpatlon
IS ended. But in reluctantly retiring from
Frankfort he declares that the decision of
the supreme court OF the United States
''is triumph Of fraud over liberty"
This is O terrible indictment or would
be il It were true. As it IS, 1t IS but the
growl Of a mailman. Il may be more Per-
haps It is the savage vail OF a man who
sees in the destruction Of his last hope
TO possess the goyernorship Of Kentucky
the disappearance Of an authority by the
exercise of which he might have stayed
investigation into that conspiracy which
caused the assassination Of William Goe-
bel or defeated the punishment OF the
conspirators.
Be this as It may tho public familiar
with the gruesome circumstances. is left
to It's own conclusions.
We have now but to deal with the YER
dlct OF the Nations court as it bears upon
the Kentucky gubernatorlal contest case
Chief Justice Fuller hands down the de-
cision. 1t is that the court has no iurls-
diction.
The contention upon which the court
acted is important In that II upholds the
sovereignty OF the commonwealth.
To-, .4l
the legislature of Kentucky wherein, pro-
ceeding by the authority of the constltu-
tion and laws Of the State. 1t gave to Goe-
bel and Beckham respectively, the ofhce'
of governor and lieutenant governor ex-
cept to the people--a tribunal. in the Ian.
guage OF the chief justice always in ses-
sion"
1T Is" declares Chief Justice Fuller
obviously essential to the independence
OF tho States and to their peace and tran
quilllty, and their power to prescribe tn
qualifications of their offices, the tenure
of their Offices. the manner of their elec
tlon and the grounds on which the tri
bunals before which and the mode 10 whicl
such elections may be contested, should b
exclusive and free from external inter
ference except so far as plainly provide
by the constitution of the United states.
This is sound states rights doctrine an
suggestive of safe governmental policy.
The grounds upon which Jurisdiction wa
claimed by Taylor were:
Il That the action OF tie general dssempt
in the matter OF thess contests deprive
al. nj IA 10 lt
broceAA of law.
-. That tie action Of the general asseIuhl
tepriyes the people OF Kentucky OF the riga
TO choose their own representative, secure
by the guarantee Of the Federal consutuuo
OF republican form OF government 10 ever
State and deprive them Of theg political llb
erty without process Of law
In declining jurisdiction the court ma
substantially decided that the eousntu
ton OF the State OF Kentucky, which 70
hundred years has provided THAT con
tested elections for governor and lieuten
ant governor shall be determined by N
general assembly," shall continue the in
violable organic law OF the State so Ion
as the citizens thereof shall in their SOY
ereign capacity SO decree. The declsio
IS additionally emphatic In Its guardian
ship of State sovereignty when 1t furthC
afhrns that the state supreme court ,
Kentucky has acted within It's authority :
continuously holding that the power of tn
general assembly. under constitution,
provisions and laws enacted thereunde
to determine contested election results,
exclusive and that its decision is not SUI
jeet to judicial review.
Justice Harlan vigorously dlssents fro,
the view OF Chief Justice Fuller ana d.
clares that the refusal OF jurisdiction take
away from the supreme court the right
inquire whether a citizen has been ds
priyed without due process Of law OF a
office held by him under the constitute
and laws of his State; that where conte
is determinablc by the legislature the q,
cision Is to the effect that the supreu
court can moi ascertain whether the leigh
iature followed the mode prescribed eve
II It's action were demonstrably "arbltraI
and capricious'
This dissent. It appears. can only ,
sustained upon the assumption that n. luiI
woGa @eyeIob legislative action to ha,
been arbitrary and capricious." Befol
such assumption can be tolerated il mu
be assumed In this Kentuoky case. FRS
that the board created and authorized ]
law 10 canvass the election returns.
declaring Taylor elected on the face OF Il