The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-04-16
KENTUCKY'S TROUBLES
Are Told to the o. s. Supreme Court
by Attorneys

Washington. April 1.-the cases in
volving the Kentucky gOvernOrship were
docketed in the United States supreme
court today. A brief statement in which
the counsel for both Taylor and Beckham
Joined, was filed at the same time, asking
for an early hearing In this agreed
statement it is set forth that both Taylor
and Beckhan, as governor, John Marshall
as lieutenant governor on the Republican
TEN OF the senate and John b Castlenan
as adjutant general on the Democratic
side are each and all claiming the right
to and are actually attempting to exercise
the powers of the respective offices sever
ally claimed by them, thus producing
great confusion in Kentucky by reason
of the doubts as to which OF the persons
named has the lawful right to exercise the
authority pertaining to the several Off
detrfment Of the people Of the state
The agreed statement then continues as
Thus under the constitution and laws
Of Kentucky. the governor of the state in
addition TO being charged generally with
the duty Of seeing that the laws are faith
fully executed. is also specially charged
with the duty and invested with the pow
er OF ming many important oIIlces n
the state by appointment. some by origt-
nal appointment and others by appoint
nent TO Ill vacancies; and also with the
power to issue commissions to many Off
GERS whether appointed by him. or elected
by the people and also with the power TO
issue pardons and to remit fines and for
Both plaintiff in error. VIM. s Taylor.
and defendant in error, J. c. W. Beck
ham. are claiming the right to perform
all the functions of the aforesaid office Of
and has actually attempted to perform
many of the said functions, such for ex-
ample as issuing pardonS and filling Of
fees by appointment, etc
Some of the officers of the state recog-
/ nize the acts Of the plaintiff in error VIM
! = 1aylors as the lawful acts OF the gov
eruOr OF the state and refuse to recognize
I similar acts by defendant in error, J. c
I w Beckharn- while other OFFICERS OF the
/ state recognize the acts Of J. C w Beck
/ ham as the lawful acts of the governor of
I the state and refuse to recognize the acts
] of VIM s Taylor. as such governor.
/ Among other officers, whom the gov
! ernor is authorized and required to ap-
/ institutions of the state and each of the
7 said two claimants to the office OF COVER
/ the appointees of one of said claimants to
/ the office and refuse to recognize those Of
{ the other and vice versa
BY reason of all these facts and other
/ which might be enumerated. II IS Of the
1 utmost Importance TO the people OF the
I state of Kentucky that the question to
I the right to office involved IN the afore-
said litigation be determined The ques-
tons of law involved in said causes are
Z OF very great and grave interest and i'm
T pOrtance, involving the nature and ex-
/ tent of the MOVERS Of an election contest
( tribunal and the powers of the judiciary
I with relation thereto"
The supreme court advanced the case
/ TO be heard on the both instant and gave
each side four hours for argument
While Mr.. Bruce was making his
statement the chief justice asked him
if he did not expect the question of
( jurisdiction to be raised and whether
he did not also expect a motion to dis
miss Mr. Bruce replied that both were
points. but that there was such cOufus-
ion in the state that all were anxious FOL
a decision during the present term OF
the court and that the course under
taken was apparently the only one open
If he added. the court should sus-
tain the motion to dismiss for lack OF
jurisdiction that result would of course
end the controversy" If the opinion OF
such a motion should be adverse to dis
missal, it would then, he admitted
probably be too late to hear the case or
| its merits