The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-22
He Holds the Court Has Jurisdiction
and Should Reverse the Low
er Courts Ruling.
THERE IS PROPERTY IN OFFICE
AND NO MAN SHOULD BE WRONGFUL
LY DEPRIVED OF 1T.
Justice Harlan Also vigorously Con-
demns the Goebel Democratic
Usurpers ina Kentucky.

WASHINGTON, May N.-The United
States Supreme Court to-day decided the
Kentucky governorship case in favor of
Governor Beckham, dismissing the writ of
error from the Kentucky Court of Appeals.
The opinion was handed down by Chief
Justice Fuller, and a vigorous dissenting
opinion was delivered by Justice Harlan.
Justices Brewer, Brown and McKenna also
dissented from portions OF the opinion.
After reviewing the facts in the case
Chief Justice Fuller said: cit is obvious
ly essential to the independence of the
States and to their peace and tranquility
and their power to prescribe the qualifi-
cations Of their own officers, the tenure of
their officers, the manner of their election,
and the grounds on which the tribunals
before which and the mode in which such
elections may be contested, should be ex-
elusive and free from external interfer-
ence except so far as plainly provided by
the Constitution of the United States and
where controversies over the election of
State officers have reached the State
courts in the manner provided and have
been determined in accordance with State
constitutions and laws. the cases must
necessarily be rare in which the interfer-
ence OF this court may be properly in
voked."
The chief justice then reviewed the cases
Of Bryan VS.. Thayer, Wilson VS.. North
Carolina; Kennard VS.. Louisiana and Fos-
ter VS.. Kansas, and continued:
THE grounds on which our Jurisdiction
is sought to be maintained in the present
set forth in the errors assigned
to the effect in substance:
'First-That the action of the General
Assembly in the matter of these contests
deprlves plaintiff in error of their offices
without due process of law.
''Second-That the action of the General
Assembly deprives the people of Kentucky
Of the right to choose their own repre-
sentatives. secured by the guarantee of
the federal Constitution of a republican
form Of government to every State and to
deprive them OF their political liberty
without due process of law.
FOR OVER A CENTURY.
For more than 100 years the Constitution
Of Kentucky has provided that contested
elections for Governor and lieutenant gov
ernOr shall be determined by the General
Assembly, in 1899. by a committee to be
selected from both houses of the General
Assembly and framed and regulated in
such manner as shall be directed by law
since 1850. by both houses of the General
Assembly according TO such regulations as
may be established by law
The highest court of the State has often
held. and in the present case has again
declared, that under the constitutional pro-
visions the power of the General Assembly
to determine the result is exclusive, and
that its decision is not open TO judicial re-
view. authorities quoted here1
The statute enacted for the purpose
OF carrying the provision of the Constitu-
ton into effect has been in existence in
States have similar constitutional pro-
visions and similar statutes We don't
understand this statute to be objected to
as IN any manner obnoxious to constitu-
tional objection. but that plaintiffs in error
complain of the action of the General AS
scmbly under the statute and under the
judgment OF the State courts declining to
disturb that action.
1T was earnestly pressed at the bar that
all the proceedings were void for want
OF Jurisdiction apparent on the face of the
record; that under the Constitution and
statutes there was no question of an equal
number OF votes or OF the legal qualifica-
eoiaS VI lIc cdIOluatSS, the OL the
General Assembly could be invoked only
BY contest as TO which OF the parties had
received the highest number Of legal votes
but that the notices put forward a case
not OF the election OF the contestants. but
OF no election at all, which the contest
boards and the General Assembly had nc
jurisdiction TO deal with.
NOTICES WERE SUFFICIENT.
The notices were, however, exceedingly
broad and set up variety of grounds and
specifically stated that the contestants
Would ask the board Of contest and the
General Assembly 10 determine that they
were legally and rightfuliy elected Gov
ernor and lieutenant governor at said
eiectlon. and the contestants were not
And the determination OF the board and
the General Assembly was that the con-
sestants had received the highest number
OF legal votes cast for any candidate FOL
said offices at said election and were duly
and legally elected Governor and lieuten-
ant governor. a determination which ad'
&ased the notices to be SUFFICIENT and