The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-08
THE KENTUCKY DECISION.

nE4NIIAh1 OG6tSlON.
The decision of the Kentucky Court of
Appeals in the governorship contest case
must have been a surprise to the Ken
lucky Republicans in one respect, name
ly. that 1t was unanimous. They doubt
less expected that the two Republican
judges would favor Mr.. Taylor All five
of the judges, however, sustained the Dem
| ocrats. The reasons given by the Republi-
can judges for the conclusion reached
Democratic judges, but that is a matter
of no great importance.
1t is difficult to see how any other con
clusion could be reached than that stated
in the decision of the court. 1t appears
that the Democrats, from the beginning
of the contest until the Court of Appeals
was reached, adhered strictly 10 the law.
The court points out why the state re-
turning board could not go behind the re-
turns. That board had TO declare the re-
suit as shown on the face of the returns.
The returns gave Mr. Taylor a majority,
and hence he was given the certificate
of election. The Legislature. however,
had right to go behind the returns 1t
did so, and decided that Mr.. Goebel was
entitled to the Office of Governor That
settled the matter. The Court of Appeals
has no right to supervise The decision of
the Legislature in the governorship con-
test. But that is what the Republicans
insisted upon its doing They wanted the
court TO undo what the Legislature had
done while acting strictly in accordance
With the Republican judges of the Court
of Appeals against him it would seem as
if Gov. Taylor would abandon The con
test. He refuses to do that, however. and
steps have been taken to get the case be-
fore the United States Supreme Court.
Mr.. Taylor declares that he win not aban-
don the contest until he has had a hear
ing in the highest court in the land
1t is not certain that the case can be
got before the United States Supreme
Court on its merits, but if that court
should hear the case, It is doubtful if It
would arrive at a conclusion different from
that reached by the Kentucky Court of
Appeals. If there had been any legal
ground for Mr. Taylor TO stand on it is
probable that the two Republican judges
of that court would have discovered ii.
Under the circumstances it looks as if Mr..
Taylor were unnecessarily obstinate. He
is keeping his state in a condition of I'M
rest without any reason to hope that his
claim to the office of Governor win be
recognized.
1t was said some days ago that if the
Court of Appeals of Kentucky decided in
favor of the Democrats they would at
once take possession of the state offices,
and would use force in doing so if neces-
sary. II seems that an understanding has
been reached by which there will be no
clash Of the opposing forces. The Demo
Gratis will wait until the Republicans have
exhausted their efforts in the courts They
are satisfied that their position is impreg-
nable, and, besides, 1t will be better from
every point of view to avoid a conflict be-
tween the opposing militia forces. Feel
ing is so bitter between the opposing par
ties that If a conflict were begun at the
state capital 1t would in all probability,
extend over the greater part of the state.
That would be a calamity that would set
Kentucky back a quarter of a century.