Year: 1870

ALABAMA


The IBiunotion Against the New Governor aud


areasurer-Governor Smiths Defense.


The charges upon which Governor Smith and
State Treasurer Bingham called for the iniunc-
tion recently issued against the newly-elected
officers are as follows


First. Pending the campaign preceding the cleo
throughout the State were threatened with violence
they should vote the Republican ticket but II they
they were promised that 1t would be well with
them. They were whipped, beaten, and wounded in
political meetings. and in Eufaula few days before
the election, some "a were wounded while around
the speakers stand-not white man was hurt.
Several OF the wounded have since died.


Second. On the day of election fraud and violence
several thousand coiored voters were thereby pre-
Third. The polls were not opened at some places
where the votes were nearly all colored Republt-
cans, and they were compelled to go home without
Fourth. In some counties where large Republi-
can majorlties given, the Democratic officials
refused to certify the returns, and by this means
the Republicans appeared, according to returns, to
Fifth The Constitution requires that returns
shall be sealed up and transmitted to the seat OF
government by returning officers directed to the
presiding officer OF the Senate who during the first
week Of the session, shall open and publish them In
the presence OF majority OF the members OF the
General Assembly; The person having the highest
number OF votes shall be declared duly elected.


Sixth. The Constitution declares that cases OF
contested elections where executive ot1cers are
concerned snail be Tried by DOth houses or the Gene
raj Assembly in such manner shall be prescribed
by law. Although this has been the law since 1919,
nc provision has ever been made for coutestlng the
Governors election before both houses OF Assembly
Seventh. There were two candidates for Cover
nor, William H. Smith, incumbent, Republican, and
Robert B. Lindsay, Democratic.


Eighth. Governor Smith Is entitled by the COnsti-
tuition and laws to hold the ofice OF Governor two
years, and until his successor is elected and


The following extract from message of the
Hon. w. III. Smith contains that portion of it
Cos tha NNxyn
between him and Hon. Il. B. Lindsay. Governor
Smith writes as follows


'In view of the peculiar phase of the contest at
the present time, ! deem 1t proper to do nothing
Legislature. At the same time the public should be
advised Of the reasons in support OF the course
which have deemed it a duty to adopt l therefore
respectfully submit the document to the press with
out formally rendering it to the Legislature"


In the message he says-


Nearly thirty years ago the Supreme Court of
Alabama announced as law the follOwing:-


"An ONCE is as much species OF property as
anything which is capable OF being held or owned,
and to deprive one of or unjustly withhold it is an
injury which the law can redress in a manner as
ample as II can any other wrong An oilice beng a
claims to the right TO hold 1t must be determined ia
the same constitutional manner as all other claims


The very essence OF civil liberty consists in the
right OF every individual to claim the protection Of
the laws When irreparabe injury is about to be
done to an individual, the law does not require him
30 wait until it is done, but will, upon proper



Our law is not defective as to be destitute OF pre-
ventlve remedies. Tumuts in our country in 0ppo-
sition to laws to rights asserted In the mode
prescribed by those laws, are neither necessary nor
justifable


Honestly believing that my right to the ONCE OF
Governor Of Alabama is not destroyed or impaired
by the late election, and that the Hon. r. B. Lind
say has no right to the office, have filed bill in
the Chancery Court or Montgomery county, the
object OF which is to prevent myself from being de-
prived of the office upon mere returns to the pre-
siding officer OF the Senate which, however valid
on their face, villas l belieye-be rem
dered wholly invalid by the evidence which
will be produced whenever the conflicting
claims Of him and myself to the Office
are properly presented for trial and decision
in any proper tribunal. The facts upon which base
my claims and deny those OF Mr. Lindsay to the
office are in great degree disclosed in the bill
do not desire 70 do him any injury but / do desire
to prevent him the presiding officer of the Senate
from doing me the irreparable injury OF wrongfuly
depryipg me OF the Office upon sdch mere returns
before proper opportunity is offered to me IN a
proper tribunal OF our State to prove-as believe
can--that he was not fairly and lawfully elected
over nae TO the office.


The course have thus taken is clearly lawful and
peaceeble 1t is not intended, and cannot operate
TO defeat the real will and purpose OF the voting
people Of the State II nsures an inquiry and deci-
sion in proper tribunal as TO what was their will
and preference between Mr.. Lindsay and myself
He is not enjolned nor prevented from bringing out
that inquiry and decision. hold myself ready te
believe will defeat his claim. II / fail in this NJ
citizen OF the State will more cheerfuly yield thar
i to the conclusion reached in such proceeding