Year: 1873




TREASURY HONEY REINSTATED.


A few days ago published the decision
of the Supreme Court in the case of Geo.


W. Honey " B. Graham, for the recovery
of the State Treasury. Upon the delivery
of this opinion Attorney General Alexander
moved a rehearing, which was overruled on
the oath inst, and an order issued to the
sheriff to place Mr. Honey in immediate
possession of the Treasury.


This important case has been pending for
over a year, the court never having been
able to come to an agreement upon
it until a few days ago. The position
of the judges has been all the
time quite well understood. Judge Ogden
took decided stand against the opinion of
Judge Walker, while Judge Evans persis-
tently maintained neutral or undecided
course as regards the matter, it never being
possible to bring him to any agreement upon
the case. And it may just as well be re-
marked here that great deal of the appa-
rent inaction of the court has been caused
by similar conduct in other cases-by an
obstinate and unaccountable course on many
most important and pressing matters. More
work has been done in single month since
his retirement than for six months, or prob
ably year before the late change upon the
bench.


We have often before, during the heated
interest felt in this case, expressed our
opinions upon it. The removal of Mr..
Honey was one of those high-handed meas
ures where law, as has been his custom, was
placed at defiance by Governor Davis. The
constitution provides for the removal of
State officers by impeachment, before high
court of the State, and by no other means;
yet Governor Davis, claiming that Ho-
ney's Office was vacated in consequence
of his absence from the State-a charge
which up to this time could have been
brought against almost every other State
officer-declared to this effect, and by force
seized upon the office, drove out Mr..
Honey's clerks and placed DR.. Graham in
possession of the office. There was never
a greater outrage committed upon the civil
rights of any community than this extraor-
binary assumption of power by Governor
Davis. It was, however, parallel to some
of the infamous measures adopted by the
lawless band of Radical politicians who
have controlled unfortunate Louisiana since
the war. 1t was continuation of that des-
potic rule, which incarcerated the Democratic
Senators of the Twelfth Legislature to Sc
cure the passage of the infamous and tyran-
nical police and enabling acts, the taking
away of ha6eaS corpus from the inhabitants
of Limestone and Walker counties, and other
oft repeated wrongs against the citizens
of Texas. In his conduct he assumed both
judicial and executive powers and that too
with the aid of military power to enforce
his decree. Mr.. Honey was pronounced
elected by the voters of Texas and was
qualified for the position of Treasurer. AT
first he was in thorough harmony with the
Executive, but afterward there was some
misunderstanding between them, owing to
some Intellectual effort of the latter to con-
troll the former, and the absence of Mr..
Honey for short time, shorter than that of
one or more State officials since that time,
was seized upon as pretext that his Office
was vacated, the sequal of which is already
we'll known. The dilatory conduct of the
court has been strange and entirely unac
countable. The question of right involved
in the case is so plain that there has been
no discussion outside of the court as to the
legal right of Mr.. Honey to hold the Office
of Treasurer. Governor Davis has been
charged with using an undue influence, and
there is very little doubt that he did all the
time attempt to control the action of the
bench. That the late change in the court
has operated towards breaking down this
influence is, we think, evinced in the inn
mediate decision of this case, and we hope
it will prove, as it should in the future, su-
perior to party interest, and retrieve the
sullied name which has fallen upon it. The
decision in regard to the rehearing is pub
lished in to-day's issue.