Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-04-16
TO BE ARGUED APRIL 80
KENTUCKY CASE LAID BEFORE THE
SUPREME COURT.
Statement Presented by Judge Bruce
Governor Taylor in the
City.

norship were docketed in the United States
Supreme Court today. A brief statement, in
which counsel for both Taylor and Beck
ham Joined. was filed at the same time ask
ing for an early hearing.
In this agreed statement ii is set forth
that both Taylor and Beckham as gov
ernor, John Marshall as lieutenant COVER
nor on the republican sides and l.. H. Carter
as president pro tenn, of the senate and
John b. Castleman adjutant general on
the democratic side, are each and all claim
ing the right to exercise. and are actually
attempting to exercise. the powers of the
respective offices severally claimed by them.
thus producing great confusion in Kentucky
by reason of the doubts as to which OF the
persons named have the lawful right TO eN-
ercise the authority pertaining to the sew
eral 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 adj
dition to being charged generally with the
duty of seeing that the laws are faithfully
executed, is also specially charged with the
duty and invested with the power of hlling
many important offices in the state by APP
pointment, some by original appointment
and others by appointment to fill vacancies:
and also with the power to issue commits
sionS to many officers, whether appointed
by him or elected by the people, and also
with the power to issue pardons and to re-
NIT fines and forfeitures.
Both plaintiff in error, William S. Tay-
Tor, and defendant in error, j. c. w Beck
ham, are claiming the right to perform all
the functions of the aforesaid office of gov
ernor, and each Of them is attempting, and
has actually attempted, to perform many
| of the said functions such, for example, as
Issuing parions and filling offices by ap-
pointment, sc.
Some of the officers of the state recog-
| -lo To-
| s. Taylor, as the lawful acts of the gov
| ernor Of the state. and refuse to recog
| niZe similar acts by defendant in error.
| j. c. w. Beckham while other officers of
| the state recognize the acts of J. G. w.
| Beckham as the lawful acts Of the gov
| ernor of the state and refuse to recognize
| the acts of VIM. S. Taylor as such gov
! ernor.
| Among other officers whom the governor
| Is authorized and required to appoint are
| the officers of the eleemosynary institu-
| tons of the state. and each of the said
| two claimants to the office of governor
| has attempted to fill said offices, and some
persons recognize the authority of the ap-
| pointeeS of one of said claimants to the
offices and refuse to recognize those of
| the other, and vice versa By reason of all
| these facts and others which might be
| enumerated, it Is of the utmost Importance
| to the people of the state Of Kentucky
| that the question of the right to Office in
| volved in the aforesaid litigation be deter
| mined The questions Of law involved in
| said causes are of very great and grave
| interest and Importance. involving the ma
| ture and extent of the powers of an cleo
ton contest tribunal and the powers of the
| judiciary with relation thereto"
The Statement Presented.
Mr.. Louis McQuown appeared as attor-
ney for Beckham and others of the demo-
| Gratis, while Judge HELEN Bruce appeared
| as attorney for Taylor and other repub-
| licans.
| Judge Bruce presented the above state.
| ment of facts. and the court set the case
| for hearing on the Goth instant. granting
each side four hours for argument,
| While Mr.. Bruce was making his state
| ment the chief justice 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 prob
| able, but that there was such confusion il
| the state that all were anxious for a de
| clSion during the present term of the court
| and that the course undertaken was ap
parently the only one open. IF" he added
the court should sustain the motion to dis
miss for lack of jurisdiction. that result
would. of course, end the controversy
| IF the opinion on such a motion should
] be adverse to dismissal it would them hi
| admitted, probably be too late to hear tn,
case on its merits"
| Gov. Taylor Here
Gov. Taylor is in the city, and will remain
here until Wednesday.
| The governor is accompanied by Judg,
Bruce of Louisville and Mr.. K j. Hampton
of Winchester. Gov. Taylor is anxious Il
| have an early date set for the hearing O,
the contested goVernorshp case, and to Sc
cure this, it Is said was his chief reason
| for coming to Washington. A number o
kentuckians have called on the governor
among them being Senator Deboe and Rep
resentative Dawson.