Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-17
KENTUCKY CONTEST.
DOCKETED IN THE SUPREME
COURT.

(By Telegraph TO Virginian-Pilot.)
Washington, d. c., April 16.-The
cases involving the Kentucky Govern
orship were dockcted in the United
States Supreme Court to-day. A brief
statement in which counsel for both
Taylor and Beckham joined, was Sied
at the same time, asking for an early
nearing. The court advanced the cases
10 be heard on the 30th instant, and
allotted each side four hours for argu-
inent. The agreed statement sets out
that both Taylor and Becsham as Gov
ernor. John Marshall as Lieutenant
Governor on the Republican side and
IL. Ii. Garter as president pro tenn of
the Senate and John p. Castleman as
Acknowledgement on the Democratic
side are each and all claiming the right
TO and are actually attempting to exer-
clSc the powers of the respective Offices
severally claimed by them, thus pro-
ducing 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 offices named, all to the great
injury and detriment of the people of
the State.
The agreed statement then continues
as follows.
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
Inc laws are faithfully executed, is also
especially charged with the duty and
invested with the power of filling many
important offices in the State by ap-
po!ntment, some by original appoint
Hneht ana others by appointment to fill
vacancies; and also with the power to
issue commissions to many officers.
whether appointed by him or elected by
the people. and also with the power to
issue oardonS and to remit fines and
forfeiturcs
Both plaintiff in error William S.
Iayior, and defendant in error, ]. c. w.
beekham. are Claiming the right to
perform all the functions of the afore-
said office of Governor, and each OF
lhcm Is attempting and has actually at
tempted TO perform many of the said
iunctions-such for example. as issuing
pardons and filing Offices by appoint
ment, etc.
Some of the officers of the State rec
ognize the acts of the plaintiff in error,
William 5. Taylor. as the lawful acts
OF the Governor and refuse TO recog-
niZe similar acts by defendant In error.
j. G. w. Beckham. while other officers
of the State recognize the acts of ].
c. w. Beckham as the lawful acts of
the Governor of the State, and refuse
TO recognize the facts of William s.
Taylor rs Governor.
Among other officials whom the Gov
ernor is authorized and required to an
point are the officers of the elemOson-
airy institutions of the State. and each
of the said officers and some persons
recognize the authority of the appoint
ees Of one of said claimants to the Of
fees. and refuse to recognize those of
other
OF all these facts, and others whkh
might be enumerated. it is of the ut
most importance to the people of the
State of Kentucky that the question Of
the right 10 office involved in the afore-
said litigation be determined. The ques-
lions of law involved in said causes are
of very great and grave interest and
Importance, involving the nature and
extent of the powers of an election con-
test tribunal and the powers of the ju-
dietary with relation thereto.
Mr. Louis McQuown appears as at
torney for Beckham and others of the
Democrats. while Holm Bruce appears
as attorney for Taylor and other Re-
publicans.
While Mr.. Bruce was presenting the
above statement of facts the chief JUS
tice asked him if he did not expect the
question Of jurisdiction to be raised and
whether he did not also expect motion
to dismiss. Mr.. Bruce replied that
both were probable, but that there was
ouch confusion in the State that all
were anxious for a decision during the
present term of the court. and that the
course undertaken was apparently the
one open.
If" he added, "the court should
sustain the motion to dismiss for lack
of jurisdiction, that result would of
course end the controversy"
If the opinion on such q motion
should be adverse to dismissal It would
then, he admitted. probably be too late
to hear the case on its merits.
No1ieyoH