Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-04-30
BRIEF FOR BEckHAM FILED.
The Democratic Case in the United
States Supreme Court.

A brief was filed in the United States Su-
preme Court today by Mr.. Lewis McQuown.
attorney for ]. c. W. Beckham. in the case
involving the title to the governorship of
Kentucky. On the motion to dismiss. for
want of Jurisdiction in the Supreme Court,
1t is contended that the provisions Of the
Constitution and statutes of Kentucky gov
erning the trial Of contested elections FOR
governor. afford due process Of law with
in the meaning Of the fourteenth amend
States.
The provisions of the constitutions and
statutes of Arkansas, Delaware. Florida.
Georgia Illinois Indiana Iowa. Kansas
Mississippi. Missouri, North Carolina, Ore
gon. Pennsylvania, Tennessee. Texas, Vir-
gtnia and West Virginia, 1t is contended, are
substantially the same as the Kentucky
constitution and statutes regulating the pro-
cedure on the trial Of contested election for
governor. and 1t is said that If the objection
be sustained in this case the corresponding
provisions in the organic laws of all the
states referred to are likewise invalid"
1t is said that the jurisdiction of the gen
eral assembly is exclusive and its Judgment
Is conclusive; that no other tribunal or
court, under any form of proceeding. or in
any mode, has jurisdiction to determine the
question involved in this contest or to re-
view the action of the legislature.
In reference to the contention of Taylor's
counsel that the determination of the con-
test by the board and the general assembly
was the result of fraudulent conspiracy on
the part Of the members of the legislature,
1t is maintained that the journals OF that
body, showing its action. cannot be i'm
peached for fraud or mistake and that they
import absolute verify.
The. rule" 1t Is said. rests upon the
ground that the legal effect of the record of
the general assembly, solemnly made in
pursuance to the mandate of the Constitu-
ton, cannot be denied or destroyed by judi
cial action. The rule applies whether the
section of the general assembly is assailed
mn ~ q 10 on tNA
of any other duty imposed by the Constitu-
ton
Opinions of the courts of Kentucky, In
diana. Pennsylvania, Virginia and Ohio are
cited in support of this position.
Counsel for Taylor. the brief says. seek
further to avoid the determination by the
general assembly by the contention that at
the time the contest was decided on Feb
ruary q $780, the Legislature had been ad-
journed by proclamation of Taylor, as gov
ernor. until the 9Th of February, to meet at
London in Laurel county. In reply it is In
sisted that the only power the governor of
Kentucky has at any time to adjourn the
general assembly is by virtue of section 80
OF the constitution, which provides that Sin
case of disagreement between the two
houses with respect to the time Of adjourn
ment. he may adjourn them to such time as
he shall think proper. not exceeding four
month";"
This only authorizes an adjournment when
tnere Is disagreement as to the time and
not the place of adjournment There is no
pretense that such a disagreement existed,
Hence there was no power to adjourn to
any other place at all. The only authority
that the governor has to change the pIa ce
OF holding session of the general assembly
is contained in section SO of the constitu-
ton, which provides that 'in case of war.
instruction or pestilence," 1t may "by
proclamation Of the governor assemble for
the time being elsewhere" but this, 1t is in
sisted. applies only to time when the gen
eral assembly is not In session When in
session 1t Is sovereign body. and can take
care OF itself by adjournng when and where
it pleases. "i'e'
Besides this. it is insisted that by section
Al OF the constitution 1t is provided that nv
consent con Of both houses the general assembly
mas the right to adjourn and fix on the time
and place. If the governor has the saw
power conflict would result II he should
NIX one time and place and the general az
sembly itself another time and place n 10
eontepded. moreover. that to allow the gov.
ernor this power would be an invasion "
the rights of the legislature. If he couId
ADJOURN Il for six days. 1T is sid, heAcouiG
adjourn it for an Indefinite length of Time
and remove 1t from place to place and
thereby prevent it from enactine a iaw a. az
llScharging its duty " Ia" oF