The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-02
The Kentucky Contest.

The probabilities are strong that the
supreme court OF the United States will
decline to interfere in the Kentucky
contest, and that consequently the GRIM
inal conspiracy OF the Democrats OF that
state to set aside the result Of the cleo
ton will be effective. and that the de-
feated candidates for state ONCE will be
seated and enjoy the powers which the
people OF Kentucky refused to entrust
to them.
The fact that this crime against free
government will be measurably success
full ID not due to defect In the laws, be-
cause no laws could be effectually franz
ed to guard against this particular form
OF crime. Under any form of govern
ment some necessary reliance must be
placed upon the honesty Of purpose of
the representatives Of the people who
administer. interpret and promulgate the
laws. The success Of the republican form
of government in the United States Is
due to the fact that the servants of
the people. as rule, have loyalty done
their duty, and that the minority have
Loyalty bowed to the will Of the people
as expressed In the elections The par
ticular rocks upon which critics OF our
form of government predicted it would
split have, heretofore been evaded, SIM
ply because OF this high order of pa
triotism which has become such a uni
versal rule that nothing else has been
looked for save loyal obedience to the
will Of the people.
Such a deplorabie incident as that OF
Kentucky has always been possible. and
no system OF laws could possibly pre-
vent IL or still graver crimes against
representative government. Many Of
the powers OF a legislative body. which
II can exercise within constitutional
limitations, are necessarily beyond the
purview Of the courts to question. IL
the right of review were in all cases
ibuktu III tIt Nbuftrs u Nphtu pt tQuaA'N
In the power Of the court TO act in cor
ruptiy partisan manner, and arbitrarily
set aside the honest and legitimate ac-
tions OF the legislative body. 1t is with
In the power of the executive at all
times to refuse obedience 10 the man
dates of the courts. for the execution OF
such mandates devoives upon the exec
utIve. The courts cannot execute their
own DEGREES and 10 the executive off,
GERS refuse to obey them the courts
are powerless TO do more than illuminate
harmless judgments and orders
SO in the Kentucky case. The con.
sutution and laws of Kentucky have
imposed upon the legislature the duty
OF hearing election contests for state
officials. This power must be lodged
somewhere. II Ia the courts, II is as
possible for the courts to act in a cor
rupt and partisan manner as IL is for a
legislature TO do so; and no provision
OF constitution or statute can guard sue
cessfully against such a contingency. or
afford a complete and adequate remedy
when such a condition does arise.
These conditions have arisen in Ken
lucky, A partisan legislature. proceed
ing in measure within the forms Of
the law. but in direct violation OF its
spirit, have, for partisan purposes and
in pursuance Of corrupt conspiracy.
deliberately set aside the result OF an
election. and dealt the principle of rep
resentative government the foulest blow
Il has ever received since the federation
Of states was first formed and govern
ment under a written constitution was
inaugurated in this country. 1t is
quite possible that no adequate remedy
lies in the courts for this outrage upon