The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-02-16
THE MILITIA LEAVING.
Taylor Sends Most of the Troops Home
from suits I'm Federal
Court.
Especial to Baltimore SUM-

especial to Baltimore SUM-
Frankfort, KY. February u.-All
day long militia companies have been
pouring out Of Frankfort. They are
going home in consequence of a decis-
ion reached by w. s. Taylor, repub-
lican claimant to the governorship. TO
decline to sign the Louisville agree
ment TO send all but a few companies
OF soldiers home and to the
legislature TO meet at Frankfort to-
morrow.
Taylor says his decision is fnal and
he has taken steps to carry it out. He
will continue his contest in the courts.
The chief note of. discord is struc by
the democratic legislators at Louisville,
who say they will continue to meet
there.
SUIT IN FEDERAL COURT.
Here is the. republican plan OF action
in the federal court summarized by a
leading legal advisor of Taylor and
now au~thoritatively stated for the first
time:
Two sets OF suits will be begun to-
morrow. One is by the six minor re-
publican officials who set up claim and
proof that they are being deprived
without due process Of law of the
Offices to which they We're elected.
1llci SOIltlllOn Is Oh TIE OASIS lIdl
the offices are property 10 which the
are entitled. They eXpect to show h a
Chairman PoyntZ, of the state contest
board, forfeited his office by accepting
a pass from the Chesapeake and Ohio
Railroad Company; that his two APP
pointees and associates expressed their
belief before they heard the evidence
that Goebel n his ticket We're elected.
The second suit-and the more i'm
narfonr ~. ll,a,,-1 - i~x-NIr-1- rIo
governorship and the lieutenant gov
ernorship-is brought by citizens of the
commonwealth OF Kentucky. 1t sests
forth that by their votes they elected
the republican state ticket by a safe
majority; that through various means
the have been defrauded Of the benefits
Of their e~nfranchised rights, mo that
the means used to that end are uncon-
Stitutional.
THE argument will attack the con-
stitutionality Of the Goebel law and the
very heart of the democratic conten-
ton. Like the first suit, the second is
based upon amendments to the Ma
tional constitution, and is therefore
strictly and essentially within the
province and function of the federal
courts to determine"
HE DENIES JURISDICTION.
Congressman D. H. Smith, democrat,
when told about the plan of the Tay-
l~orites, said:
THE first suit, brought by the six
minor contestants, is 10 surprise to
us. The second suit, by citizens of
Kentucky as plaintiff, is something
new. I have no hesitation in saying
hat both suits are not within the jul
risdiction of the federal court and are
not actionable under the common con-
stitution.
In the second suit the republicans
presume that their candidates were
elected, but the duly accredited tribu-
nal under the state constitution, which
is the state legislature, has already DC
cided that Taylor n his associates
were not elected n that the GOebel
ticket was elected. l car see no reason
no precedent and no basis for the re-
publican argument, and / believe that
neither Judge Taft nor any other fed
eral judge will make a ruling in the
case"
COMPLICATIONS ADDED.
Taylor's fina refusal to sign the
Louisville agreement, his recall of the
legislature to Frankfort and his dis
bandment of most of the garrison at
the capitol put the embrOgliO back
into the same phase that preceded the
assassination of Goebel. Apart from
the basic question of Who is Governor
of Kentucky?" which is as far from
settlement as ever, there are now, to
add to the complication, two separate
general assemblies, both attempting
to make laws and both working at
cross purposes.
FEW TROOPS ARE LEFT.
The only soldiers who remain in
Frankfort are those from Covington,
Newport, Lexington and Morgantown.
They are camped in the capitol square
Taylor remained quiet in the eIecu-
tive.