The Washington weekly post., 1900-04-17
HEARING OF KENTUCKY CASE
Agreed Statement Filed in Supreme
Court and Advanced on Docket.
April 30 SET for Further Proceedings and
Four Hours Time Allotted 20 Each
Side fer rArgument-Chief jus.
tice Puts a Question.

In the Supreme Court yesterday the
cases involving the Kentucky governor
ship were docketed and set for hearing on
April 80. The court gave each side four
hours for argument
There was filed at the same time a
statement, in which counsel for both Tay-
Tor and Beckham joined setting forth
that both Taylor and Beckham, as govern
or, John Marshall as lieutenant governor
on ths Republican side, and l.. II. Carter
as president pro tempore of the senate
and John B. Castleplan as adjutant gem
eral on the Democratic side, are each and
all claiming the right to 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 has the law
ful right to exercise the authority per-
tsining 10 the several offices named, all
TO the great injury and detriment of the
people Of the State.
Tho 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 the laws are
faithfully executed. is also specially
charged with the duty and invested with
the power of filing many importnt Offices
in the State by appointment, some by
original appointment and others by ap-
pointment TO Ill 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 pardons and to remit fines
and forfeitures.
Both plaintiff in error, william S. Tay-
lor. and defendant In error, j. c. W. Beck
ham, are claiming the right to perform all
the functions of the aforesaid office of
governor, and each Of them is attempt
ing and has actually attempted to per-
form many of the said functions, such
for example, as issuing pardons and filing
Offices by appointment. &c.
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 of that State, and refuse 10
recognize similar acts by defendant in er-
ror, ]. c. w. Beckham; while other Of
flcers of the State recognize the acts of
J. G. w. Beckham as the lawful acts OF
the governor of the State, ana refuse to
recognize the acts Of William 5. Taylor as
such governor.
Among other officers whom the gov
ernor is authorized and required to ap-
point are the officers of the eleemosynary
institutions of the State; and each OF the
said two claimants TO the Office Of gov
ernor has ATTEMPTED to fill said offices
and some persons recognize the authority
of the appointees 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, il is OF the utmost i'm
portance to the people of the State Of
Kentucky that the question OF the right
to office involved in the aforesaid litiga-
ton be determined. The questions Of law
involved in said causes are OF very great
and grave interest and importance, involv-
Ing the nature and extent OF the powers
Of an election contest tribunal, and the
powers of the judiciary with relation
thereto"
The Chief Justice asked Mr.. Bruce.
counsel for Taylor, while he was present.
ing the above statement, II he did not ex-
pect the question Of Jurisdiction TO be
raised, and whether he did not also ex-
pect a motion 10 dismiss Mr. Bruce re-
piled that both were probable, but that
there was such 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
only one open. "If," he added, the court
should sustain the motion 10 dismiss for
lack OF jurisdiction, that result would. OF
course, end the controversy" II the opln-
ion On such a motion should be adverse 20
dismissal IL would then, he admitted.
probably be too late 10 hear the case on
It's merits
Mr. Louis McQuown appears as attor-
ney for Beckham and others Of the Dem
ocrats. while Helm Bruce appears as at
torney for Taylor and other Republicans.