The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-01
Taylor as Much Governor as Any Man Who
Had Ever Been Inaugurated
THE CONTENTION OF Mr.. MAXWELL
Il Was That III, Decision Of Tho Ksuiucty Legs
lalws Was Final, and That Tho Federal Courts
Hare No jurisdiction

Washington, May 1.-The argument
In the Kentucky governorship case was
begun In the United States supreme
court at 1890 yesterday. The first pre-
sentation was made I'm behalf OF Gov.
Taylor ts' Attorney Helm Bruce. He
contended that after the issuance of the
certificate OF election. Mr.. Taylor was
as much Governor OF Kentucky as any
man who had ever been inaugurated for
that office.
Referring to the contest before the
Kentucky Legislation, he said that the
report of the committee of investiga-
tion presented no evidence and stated
10 fact and that II was made to a
secret meeting Of the Assembly, OF
which no Republican member had been
notified. Ae referred at length TO the
charge that the ballots used were
thinner than required by the law. II
This was true, the wrong was that OF
the state. IL wrong had been committed.
Surely one-third OF the voters OF the
state could not be deprived of the
right OF franchise on such a plea.
Mr.. Bruce contended for the juriso.c-
tion of the Federal Supreme Court
under the Constitution To review the
case, quoting many precedents I'm sup
port of this view. The Kentucky leg
islature, he said. had been given no
commission TO elect >s-2overnor OF Ken
lucky. Its power extended only 10
the trial OF the contest. The leg'sia-
ture had tried TO exercise the power Of
an appointment. This was tyrannical
and not. In anywise consistent with the
prerogatives of the legislators.
MIR. MAXwELL's ARGUMENT.
Hon. Lawrence ". Maxwell followed
in Mr.. Beckhams interest. He said
the Constitution OF Kentucky made the
legislature the adjudicator I'm contests
for state officers. The Kentucky state
court of appeals had DECIDED that Mr..
Taylor had never acquired title 10 the
ONCE OF governor under the Constitu-
ton and laws of the state The de-
cision was final and the national court
had no part to play in the proceeding.
As TO the ground of corruption In the
Kentucky legislature Mr.. Maxwell said
~ was denial OF due process OF law"
10 deny the rlshf OF counsel 10 char &c
ii. as the state court had done. The
i.cision OF the Kentucky CONT show ed
thst Mr. Taysor had never held any
title 10 the Office claimed by him.
Mr.. Louis McQuown also appeared
FOR Mr.. Beckhar1. going over all the
points, at issue. He contended that even
IL Mr.. Taylor's claim 10 Office was 10
be considered as proper, he was allowed
due process OF law" under the Ken
lucky statutes.
Mr.. McQuown argued for the final
and exclusive jurisdiction OF the legis-
lature I'm contests of this character, and
also contended that the Federal court
had no right to investigate or question
the motive of the legislature I'm it's de-
cision OF the governorship case. Ii was
10 be presumed that the legislature had
not only acted In good faith. but upon
proper knowledge of the facts in the
case.
CONSPIRATORS ARRAIGNED.
Frankfort. KY, May 1.-when the
circuit court opened at 2 p. m. yester-
day Caleb Powers, John Davis, Har-
Ian Whitaker, W. II. Culton and Tai
low Dick" Coombs were arraigned on
motion OF the Commonwealth, charged
with completely in the Goebel murder.
Judge Cantrll overruled a motion TO
take up the motion for a change of
venue In advance OF arralgnment.
Combs and Whitaker were first ar
raigned and each entered a plea OF not
guilty.
All of the defendants were brought
into court and arraigned All of them
entered pleas Of not guilty.
Ex-Gov. Brown, for the defence, ten
dered pardons, granted TO Powers and
Davis by Governor Taylor and this was
followed by motion TO dismiss The
motion was overruled.
The grand jury reported at 3 O'clock.
No additional indictments were made
public. The report says number of
parties summoned as witnesses refused
10 appear and give testimony before
that body and recommends that they be
punished for contempt, but IL does not
make public their names.