Lower coast gazette., 1910-04-23

i'PAA NV i''bi ~ ehN 'HHi
ion itself or the Justice who wrote it.
Justice John X. Shields read an opinion
covering - typewriter pages, affirm
ing the Judgment OF the cour below in
all things. In this Justice NJ. NJ. Neil
concurred.
Chief Justice Beard read an opinion
covering g. typewriter pages. This
opinion reversed the Judgment of the
court below as to both defendants. In
it Justice b. d. Bell concurred.
Upon the shoulders of Justice W. X.
McAlistcr rested the responsibility Of
actually deciding the case. lie con.
Cured with neither opinion in toto. Upon
the twenty-five assignments of error, he
c0ncHrred with Justices Shields and Neil
in the majority of them, but differed
with them as to all of those affecting
Robin Cooper exclusively.
AS a result of this wide division of
the court on this case, the opinion of the
court was not handed down for the first
time in the history of the jurisprudence
Of the state. The opinion of Justice
Shields is not the opinion of the court,
nor is the opinion of Justice Beard the
opinion of the court, but Il part OF each
taken together forms the actual decision
that goes into effect.
Nashville Excited.
The news created more excitement ana
more widespread discussion probably
than any event in the history of the
city. The telegraph and telephone Of
fies were bcsicged not only by repre-.
sentativcs of ont of town newspapers,
but by hundreds of private messages to
friends all over the state and in dj0in-
ing states.
The pardon was not unexpected. From
Governor Patterson's testimony in the
court below there could remain no doubt
as to his personal conviction of the in.
nocence of the defendants. Such being
the ease there was never any doubt in
the public mind that he would grant a
pardon to both defendants should the
supreme court affirm the sentence. But
while this action did not come as a sur
prise, it created all of the interest and
of the wild excitement that a totally |
unexpected Genouement to the whole
series of events could have done.
Political Results.
AS to the result politically in Tennes,
see of the state supreme courts decision
in the Cooper case and the pardon OF
Colonel d. B. Cooper by Governor Pat
opinion seems general that the
old factional lines-Patterson and anti
Patterson, the latter representing the
or statewide element of the
state Democracy-are unchanged. In
fact, they are more taut if that be pos
sible. The governors friends claim that
his action has served to cement more
than ever his fo~llowing-that it
has given them a rallying cry to battle.
On the other hand, it has embittered tc
even intenser degree the hostility to him
the part of his political enemies. Car
mack was the leader and idol of the
His friends, charging that
his killing was the outcome of a pc
itical scheme, made it the chief ISSUE
against Patterson, and the Cooper cast
las colored the entire political atmos
,here of Tennessee.
4. governor and state judiciary are sool
be elected. The state Democratic com
dominated by Patterson men, re
called a blanket primary for june
to make nominations. Enemies of Pat
erson freely charged the inclusion of the
judiciary was an attempt to WELD a club
'ver the supreme Court, which had the
copper case under advisement, and every
of which was a candidate for re
Matters were complicated by
he refusal of Chief Justice Beard and
Justices Shields and Neil to enter the
They will run independently,
nd now that their attitude on the
celebre" is known, the question is
That will the alignment be?
1t is most complex, if the attitude OF
pdiyidual members of the court is to be
AIKEN into the analysis. Meanwhile Pat
serving his second term as gov.
rnor, has not said if he is a candidate
Or a third term. Many Of his friends
re insistently urging him to be, while {
qualify strong pressure is being used te {
lduce him to- run for United States {
nnator to succeed James B. Frazier. In {
identally. Mr.. Frazier, a candidate t. {
rcceed himself, has refused to enter thu I
me primary.
The statewide faction is well organ
ed and prepared to fight Patterson c
herever he lands. But they have not t
8 yet put forward a name to be used il g
,nneetion with the gubernatorial race
H., o,,,n,;u, ,,-hau II onans ia aypeptar s