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THE STRANGE? OHIO. the Sire agua fags or Beets wpoaton round 20 rey maaan * Lonpon, May 7, 1874. ‘The, fire on the American steamship Ohio thas been extinguished. Her cargo is much damaged. “THE ERIE RAILWAY, , MiB Tyler's Leave of Absence Oriticised. Lonpon, May 7, 1874 Duting the session of the House of Commons to- ‘day, in reply to an inquiry from Mr. Julian Gold- #0aid, Bir 0. B. Adderly, President of the Board of Trade, stated that Mr. Tyler, a government In- : Sbegtor attached to the Board of Trade, was going +:%@ Awerica, on two years’ leave of absence, to ex- ‘amine into the affairs of the Erte Railway, but the arrangement was a private one, of which the government was not officially cognizant. Mr, Goidsmid gave notice that he would call the attention Of the House to the matter. ENGLAND. Diptomsey Toward the Mexican Ropablio—The ~")“Sreaty of Washington. Not Completely ‘Fulflled—Minere’ Strike Ended. Lonpon, May 7, 1874. a the House of Commons to-day, in reply to Mr. George Anderson, member for Glasgow, Hon. ' Robert Bourke, Under Secretary for the Foreign Department, said Her Majesty's government de- aires the resumption of diplomatic relations with Mexico'and is ready to receive overtures to that @nd, but none such have as yet been received. 4 ‘THE TREATY OF WASHINGTON, Mr. Bourke also, in reply to Sir Henry Wolf, Gaid that the present government had not consid- ered it their duty to take steps to carry into exe- gution the sixth clause of the Treaty of Washing- ton, {Tne sixth clause of the Treaty of Washington, “With-the three rules which are deduced from and based on'it, define the duties of neutral, govern- ments with regard to the permitting or supplying or harboring of belligerent vessels within their Jariediction.—Ep. HERALD.) MINERS! STRIKE ENDED. ‘The coal miners of Durham have yielded to the emyloyers and the strike has ended. GIB LAMBTON LORRAINE ON THE OTHER SIDE. LOnpon, May 7, 1874. Sir Lambton Lorraine, in a communication to the Pall Mak Gazette, says :—‘I am no admirer of those Englishmen who are given to frowning upon their American cousins at the expense of their own self- Fespeot! SPAIN. ’Marahel Serrano’s Opinion of Don Carlos’ Pro+ pects, Maprip, May 7, 1874, Betior ‘Onstelar has.tendered his congratulations to. Marshal Serrano on his success in the North of Replying to the congratulations of a provincial deputation, Marshal Serrano said that “the Carlist moventént was only shaken, not vanquished en- tirely.” "Don Carlos has issued a proclamation to his fol- ‘lowers, expressing confidence that his cause will eventually triumph. Germany Asked to Recognize the Repub- Ho=Carlists Raiding Near Bilbao. Lonpon, May 86 A. M. After the capture of Bilbao by Marshal Serrano the Spanish government again applied to Germany for recognition of the Republic, Detachea bands of Carlists continue to harass the neighborhood of Bilbao, Chin-Lan-Pin Entertained at a State Banquet. Tavares, May 7, 1874. -Oaptain General Concha gave a farewell dinner to-night to Ohin-Lan-Pin, the Oninese Com- misioner. |The heads of the various departments ‘and other distinguished persons were present. , 7 Mise Neflson’s Readings. Steinway Hall was filled lost night by a large and fashionable eudience gathered to welcome Miss Nelson on her first appearance in America as 3 reader: ‘There was naturally 8 good deal of curt- osity ‘to learn how she would pass through the ‘ordeal—always trying—of entertaining an audience for a couple of hours unaided. The result must have been very. satisfactory to Myss Netlson and her friends, for as the enter- valnment. progressed the public, at first coldly ‘Attentive, became warmly responsive, which showed that the sympathetic chord of their. feel- ings had been touched. , The programme was well ‘chosen, and gave the fullest scope for the exhibi- tton' of the’ exceptional emotional power of Miss Neilson.’ Lady-Olare, by the English Poet Laure- ate, had the honor of opening the proceeaings, and the archness of the piece was so well rendered that the audience were at once put in good humor and the reader's success assured. ‘The Knight and the Lady,” Seca the ‘Ingollsby Legend,” followed in the same ra: merry strain. Tennyson's Queen’? pon uwever, the piece in oe 1, elocat training appear with @ refinea tion and 8 power amo tional expression not often found combined in the person. There was something exquisitely touching and n- dew on the woe-t erased of ga aan ep Be toe rf nt ween’ the post and iis int rele, aud One ight Simos say that lor the bo nt eae sedis wil be fn enon saturday, Me May 9, at two P. it will be sree appearance Sefore her depart oo panies Murske in “Robert der Teufel.” . The Hongarian ptima donna, whose phenomenal ‘votoe ip bravura singing has no living equal, and ‘who won. a ‘trinmph at the Academy ‘of Music in Italia opera, even in the face of the most afiverse” circumstances, commenced last evening, at the Stadt Theatre, an ¢1 ent in German opera; under the direction of Rull- re ‘The grand work of Meyerbeer, "Robert the Splat, WheateenMine 2 Potter’s Matinee Entertainment. Mise Helen L.’'D.| Potter gave a very enjoyable -emtertsinment at this: yesterday s(ternoon, An which ae, displayed considerable, powers as 8 pang Teader,. especially in her tmitations of Anna Dickinson, Jalia Ward aes ey Team clever separa mei | BLEEDING ING ARKANSAS, |~-~ Operations of the Oppos-|' ing Forces. _ ar ou CAPTURE OF A RAILWAY TRAIN. The Garrisoned State House Barrt- eaded and Loopholed. PIOKET FIRING DURING THE DAY. The Work of Drilling and Intrenching Going Forward. The State Supreme Court Decides for Brooks. The Argument of Brooks Submitted at Washington, Lrrrum Rook, Ark., May 7, 1874. ‘The Supreme Court ‘met at the court room, in- the State House, at half-past twelve this morn- ing, Chief Justice McClure, Justices Searle, Ben- nett and Stephenson on the bench. Sheriff Oliver opened the Court pursuant to ad-. jJournment, The Chief Justice read tne iollowing opinion for himself and associates :— OPINION OF TEE COURT. SvaTe OF ARKANSAS—In the Kelation of Joseph Brooks vs. Henry Page, Treasurer, being an ap- Pplcation for a mandamus. McClure, Chief Justice. The twelfth section, chapter 164, Gould’s Digest, reads as follows:—‘“For the purpose of carrying inta effect the object and direction of the section last preceding the sum of $50,000 shall be and the same’ is hereby appropriated and placed at the disposal of the Governor, to be drawn from the Treasury, under warrants from the Auditor, to be iasued On requisition of the Governor, for the pur- ‘poses specified in the preceding section and for no other purpose.’? The eleventh section here referred to in our opinion makes it the duty ofthe Governor, when necessary, to call out the militia for the purpose of enforcing obedience to the laws of the State. From. ‘the pleadings it appears that the relator, Joseph Brooks, styling himself Governor, made a requi- sition for $1,000 on an appropriation made by the twelfth section of the act referred to, and that the Auditor, in obedience to said requisi- tion, drew his warrant.on the Treasurer for the amount specified therein, and that said Treasurer Tefused to pay said warrant or to issue a Treas- urer’s certificate therefor. In response to the prayer of the petitioner the Treasurer admits his refusal to pay said warrant, and submits he is not bound to do so because Elisha Baxter was declared duly elected Governor; that he took the oath of office, and that, in fact, said Baxter ts Governor of the Stave of Arkansas, and not the relator, Joseph Brooks, in response the relator files a replication, alleging that by judgment ofthe Circuit Uourt of Pulaski county. he was adjudged the office of Governor; that he took the oath of office, &c., and entered upon the discharge of the duties thereof, To the replication @ demurrer is fled, the grounds being that sata Judgment is not sufficient in law to maintain the action, The only question that we deem it necessary to notice,is, Did the District Court have jurisdic- tion to render the judgment in the case of Brooks against Baxter? We feel some delicacy about ex- pressing an opinion upon the question propounded under the pleadings. It has to be passed upon incidentally in determining whether the relator is entitled to the relief asked, for bis right to the office, if establisned at all, is established by judg- ment of the Circuit Court of Pulaski county. We are of the opinion that the Circuit Court had juris- diction of the subject matter and its judgment appears to be regular and valid. Having arrived at these conclusions, the demurrer is overruled and. @ writ of mandamus will be awarded as prayed for. JOHN MoULURE, 0. J. JOHN B. BENNETT, A, J, J. SEARLE, A. J. of ML. STEPHENSON, A. J. The Court was then sdjourned until to-morrow, at ten o'clock. The court room was filled with lawyers, correspondents, and some few officers of the Brooks militia, Satisfaction at the result seemed general among the spectators, PREVIOUS DECISION OF THE COURT. ‘On the 7th of October last, when a full Bench was present, the Court had the same question up, and decided as follows:— Under the Constitution the determination of a question as to whethera person exércising the oMce of Governor has been duly elected. or not is vested exclusively with the General Assembly of the State, and neither this nor any other State Court has Jurisdiction to try a suit in relation to such con-. ‘test, be the mode or form what it may, whetner at suit of-the Attorney General or in relation of: claimant through him or by an individual alone claiming aright to office. Such issue should be made before the General Assembly. It is tneir duty to decide, and no other tribunal can deter- that question, Anite MOF M.S, GREGG, t M. L. STEPHENSON, E. G. SEARLE. The Baxterites claim that the decision to-day amoants to nothing—first, because a legal Court 1s composed of a full Bench; second, that the ques- tion of the Governorship 1# one for Legislatures alone to determine, MO MORE PRISONERS. A colored man belonging to Savage’s command at New Gascony stated here yesterday that White- head declared he would take no more Brooks men prisoners, but would slaughter them wherever he found them assembling. POST OPFION AGENT ARBESTED. General Edgerton, the special agent of the Post Office Department, was arrested last night, while artving out, by Blocher, Baxter’s Military Gov- ernor. He was confined in the guardhouse for short time. CAPTURE OF A RAILROAD TRAIN. A company of Baxterites captured the Memphis and Little Rock train last night. A party of Brooks men coming from Devail’s Bla were taken, and the whites, after being disarmed, were released; the otliers were brought into Littie Rock pris- jon; oners, The capturing party broke open the mail car, pretending they were searching for men, The train was detained about @n'tour.’ The prisoners were paroled this morning. PICKET FIREGY: about je O’clock this morning fired at one of pon acpi standing opposite, near the State Hgese, The ball lodged just above his head ina Stbeequentiy the Baxter men commenced firing. on Brooks’ picketa which were posted on the riverside, continuing all day. The former would rush out from an old stable on the bank, inside of their lines, fire and ran back to relosd. Brooks’ | miokets are net allowed to retucm the fre. aa the ' bent, "who was displaced by the armed force of in. | Bona ao Siete aa Be A Baxter man, stationed on the Dank of the river, | Tegulars are stationed between tne conten | Pact of ‘peraxxomumrrs TEROwy | whe At the State House Carthwes ar» being thrown SP $9 6 to ptr einen the barricades, Fortifice- ‘dons are under way across the street from the State Hoase, in the vacant lots, snd pickets are Bow postedon the opposite sidewalk. The men ‘re being drilled im defence of barricades, loading and firing, All the windows in the State House are barricaded and loop-holed. A FIGHT IMMINENT. Large reinforcements are on the way for Baxter and a Aight seems imminent. CAPTURE OF A STEAMER, Yesterday, at Spaara, in Johnson county, Gen- eral Lee Thompson and Volonel Brizzolari, of the Brooks forces, took forcible possession of the steamer Robert Semple. The owner, General 4. H. Myer, got @ writ of replevin, and the Sherif served it on the parties, capturing Brezzoiari and @ portion of nis men, Thompson escaped. Baxter received one com- pany of recruits, from Hempstead county this evening, and expects more to-night. THE LEGISLATURE. As the time for the Legislature to meet draws Rear men are coming in from all sections of the State, mostly as reinforcements for Baxter, though Brooks received a fow men yesterday. QALVARY COMPANY ORGANIZED, Brooks has organized a calvary company to do scouting duty. He has pickets to-night out on Capitol Hull, nearly one mile from tne State House. Firing at Night in Little Rock—Outrage Upon One of Baxter’s Generals—Vigi- lance and Bloody Apprehensions. Lrrrie Roog, May 7~10 P. M. Firing from Baxter’s lines has been reported to Colonel Rose. He sent a squad of men down and they searched all over the building where the fir- ing took place, but the parties had disappeared. General Barton, of Baxter's forces, has been tn Brooks’ lines and on neutral ground all day. He was not arrested, as Brooks’ men strictly adhere to the cartel of armistice while in front of Denkla block. At nine o'clock this evening Sherif Turner, of Fauikner county, was sitting and talking to Colo- nelRose, Bartow came toward them and held out his hand to Turner, holding the other hand behing him. Turner would not notice him. Some words passed between them, and Turner suddenly hit Barton on the head with a six-shooting navy revolver. He bled copiously and leaned against a column of the building for support. He was then assisted: to the Anthony House, and the wound was dressed. There are fears that he is seriously injured. It is understood that Turner had heard of some threat being made of taking his life by Baxter’s men; but even if this were the case the outrage seems very unprovoked. Two companies of regulars are still at the City Hall, All'parties are very vigilant to-night. Bax- ter’s guards allow no one to pass without the countersign. Reguiars Guarding the Penitentiaries. Livre Rook, Ark., May 7—11 A. M. The regnlars are guarding the Penitentiary to- day, owing toa rumor that the Baxterites would attempt to seize it. Colonel Pomeroy, of Newton's staff, has made requisition for Turner under the cartel. Word was sent to Bennett to-day from Baxter's headquarters that his valise was there and would be restored to him on application. Picket Firing This Morning. Lrrr.s Roox, Arx., May 8—1 A. M. Baxter's pickets are out eight blocks from the Anthony House. A short time ago Brooks’ pickets firedata man moving ons rait in the river. He escaped, i BROOKS’ ARGUMENT. WASHINGTON, May 7, 1874, Messrs. Thomas J. Durant, B. F. Rice, Ben. T. Duval, John T. Humphreys and R. 4; Burton, counsel for Joseph Brooks in the contest for the possession of the office of Governor of Arkansas in opposition to Governor Baxter, the legal incum- surrection and usurpation, to-day present to At- torney General George H. Williams the argument on behalf of their client in the case. ‘The text of the'document is as follows:— BROOKS ‘VS. BAXTER—ARGUMENT IN FAVOR OF JOSEPH BROOKS. To baepecanal ‘Quoncs H. WILLIaMs, Attorney Gen- Department of Justice :— Sre—The constitution of ha United ‘States, ar- bed 4, section 4, deciares:—‘‘The United States, hall guarantee to every Beate in the Union a re- publican form form of government, @nd shall protect ae ‘them against invasion, and on opp! plication ure, or Of the ative when’ the jslature cannot be convened) aunat violence.” roment o Srates is arantee to every State a republican form of government (and here the word State pips means the people, of the State, whom the ited States. must @ secure against auy form of government not ‘adopted Dy the free apeica of the Re Kegon by free suffrage, which em- ur American notion of a republican form). eis assurance to Lo le of the State the petites is now 01 rectly concerned, The farther obligation of e united States is, in addi. tion to each State—t ¢., the peorle 2 each te- it invasion, to protect against domestic violence, NATIONAL PROTECTION AGAINST VIOLENCE. The obligation to protect the people of a State pon) domestic violence is to be vig’ certain circumstances and con meet, violence must be of such magnitude thet tne diya ol the aed cannot repress it. piled fore ction against this violence must be ap- 1, By the Legisiat 2, By the Executive, ive, when the Legislature can- not be con yenee This consututional al obgatuao Ras been, asa and it mad Con; the mode o rire oowa a “me firat section of tne act of pre iined 28, 1796, Firat Statutes, page 424, w that— In case invurrection in 8 r. sete eee meena edema 3 te onvened) to cal forth numbae a Ntia ot any other State he Tay judge suflolont tq suppress such ingurresuor. “2 "© Before the President can act Senna must be— First—An insurrection in & oo Second—That insurrection mi mat be against the government of the State. . i foi l—Application must come from the Legis- lature. i—Such comefrom th State Exechtive w 4 fe cannot be convened. ‘The President must ji whether all these con- ditions exist, and if he finds they do not all exist he RE no seen it aa An If there be tion at all, or if but not it the government of the tate; or lication can Khon the Legis! sn] that the decree is wro! ns Governor de aut! bud that Baxter is Governor de Jure gion would not benefit Baxter, or make it lawful pplication, to call tis, Sneh an admission does dot that Mr. Brooks is in insurrection ageinss the government of Arkansas, THE VOIOR OF THE JUDICIARY. Irts be admitted, a1 that Mr. Bax- ‘ter is Governor de fure he does not thereby comes the government. The ansas CONsists of the Le be- Ar- aaa the Judiciary. The j Tias decided that is Goverdor, and that decision means that ofc. He the people voted for = to fll that. x how filling 1t de ‘and oqually setting cage Ee ne own [) pinion of hi ters, se ofa the Judiciary” te other v*oranch government, ‘tho Legislature, not i spoken. Hence the only portion of the government of Arkansas whose. voice is heard that Brooks is Governor, With what show of reason can it then be sald by Baxter that Brooks is in insurrection government of the r the sake ct decision of the t Brook ts But ity of pes bioe, when we he: incon sroverts Ne pl carey that the ‘Aecision of the Court is prone be right, and that the pli oh of the Unitea ‘Staten cal ‘act on no other capri tion. The President ts the sole andex- Stasi Mappa an insurrection headed by cir it the government of Arkansas exists EBRD DISCRETION. On this question of discretion the Court of the United States, in the = Ke va. Mott—12th Wheaton, guage in treating the subject of the wer tO call out the tia to repel invasion. etalon laid dewn and the language em: ployed by the Court are equaily applicable to the cage of insurrection. dent is donb: tary, pervive. ry certainly felt wo be one of no ordinal tude. But se 18 not a power wi can be execu’ gute corre lent gt precop . It isin its terms, aes confined Cogire a oF iI is the ex! eney to tobe Jedead of ident "y exclusive r the ongeeey has arisen, "er is it to be con- 40 open question, upon which every officer to 1 ones of the President are add: mag de de- bi ‘open. to be contested by ia an who all refuse to obey the ident ? We are all of opin- the | authority decide whether igency hi ‘arisen longs | exclusively thin itwelt and from the, maniiose nitest sqnten splats nd by th the anitest object con! mplate 6 actof Congress. The ene 1 weal upon sudden emergencies, upon ihe ‘oocamons 0 state, end under circumstances wnich may BE Ace to the ex; Iatenceof the Union, (See also Lut jen, 7 fowi In the ees of this delicate, responsible and momentous re the President is now called upon to say that the judgment of the Court in Arkansas 1s Wrong, and that the man who is doing notning more than acting in accordance with t judg. ment is in insurrection against the government of his State. There certainly can be no hesitation in the mind of the President in view of such a@ state of facts. To style Mr. Brooks, under such circum- stances, an insurgent, would be a plain perversion of the meaning o! the word. There 1s no insurrection, then, in Arkansas, by ks; he is contesting an election in the courts of the State, and the question Is still be- fore those courts for ultimate determination. Mr. Baxter takes an appeal trom the decision of the pont aes to arms and then to the President of he United States, who must decide on his high responsibility whether he will call out the militia to reverse the judgment of the Court, THE HIGHEST GOVERNING POWER, Second—In no sense can Mr. Brooks be said to be in insurrection at all, but least of all inst the government of Arkansasy S4 legislative depart- Ment 1s the most important in every free govern- ment; it holds the purse and the sword; it makes the laws which the Executive is bound to enforce, and to interpret which is the function of the judi- Clary; it is the government, and is go considered in the constitution, articie 4, section 4, and in the section of the act of February 98, 1795, which declares + ripest che i hea itcan Pope ri may 4) @ President for protection against insurrecuon, Against this power Brooks is no tn- surgent, but is acting in pursuance to law as inter- pre by the Judiciary. Pingtesd oY Brooks pe Ingurrection, then, against the government the State, ao far ag he is concerned no such insur- rection exists. A review of the course of events in Arkansas which have culminated in the present crisis will render abundantly pee Ce Mongo of those a by which re- tends that Mr. Brooks is tn insarrects nat the government of the State. In pursuance of the frat section of article 6 of the constitution of Ar- Kansas—(see Arkansas Code, page 457)—an elec- tion for governor and the other officers of the Ex- ecutive Department, eaves for by that section, took place on Sth November, 1872, when Brooks and Baxter were candidates for the office of Gov- pt gee me this ee as ee pilaemay is he ter bas in Court admitvea by demurrer, Brooks, recetved the highest number of votes ani was le elected Governor of the State of Ar- 6 constitution of that State provides io seonin ois ors ‘ticle 6—(see Arkansas Code, page 467) returns of every election for Gov- ernor, Lieutenant Governor, cary Treasurer, Auditor, Attorney “General ana Superin- tendent of Public Instruction, shall be sesied 4 the returning officers and directed to tne pre officer of tne Senate, who, dui the Of the seasion, shall open and pub’ presence of the members there assembied. The Seen crae having the highest number of votes shall ; bat if two or more persons shall have the highest and equal number of votes tor she same office one of them shall be chosen by joint vote of both houses. Contested elections shall,likewise be determined by both houses of the General Assembly in ee manner aa is or may ibed by law.’? PRESIDENT OF THE STATE SENATE. ‘Ths clause makes it the duty of the presiding officer of the Senate *‘toopen and publish’ the returns sent by the returning officers, whatever they ee Meat and whether he votes of the people have auppreased nr 8 ror, jorance, or fraud, wench “publication” by uw oP sun ate of the ‘senate is, a8 a pert ol Jacie evidence of The election is no ties, omissions, defeat the ht of the candidate who obtained the majority o! Yates, no matter how the returns a hae ee clat of the constitution to mean that the President of the Senate, is lature, and not the to declare the result; but im etther case the declaration is only prima Jacie evidence of the election. Brooks and knows that the majority was cast for bim. FUNCTION OF THE COURTS, “as the election offiers,””'says Judge Cooley in hig work om Oonssuutional Limitstions, ‘pe page 620 sec edition, Boston, 18, “perform for the most part minis terial functions Cyl bog returns and the certificates of election which ed upon them are not fiicers who thereby ap- ont only tion. ase contusi re, or rwrhere 8 a is estab! isbed with powers of ft lon. ters not a pl Ly Tmportantt the eeaon, an ‘lection t ‘o candidate recel' on rahe the requisite pi rome ae H ins to be men- to red It is to be ae the ‘pot Se nome of aoee and to this should all the prlaengs be deci Bone that does not bear upon be Such of the an openlag dps panlaton he Presi- « = Se ae is no fine mace fhe since jeclares more ‘than those officers Fr turned, and their turns are. only prima 3; indeed, the ciroumstance that same of tne constitution, of ‘Arkausea Which provides tion uestion; otherwise the returning oMcera would have the whole matter er in their han their errors, whether Soniaehs tee » ond in such amevent the Noner is en 40 to ‘bis common law remedy. ACTION OF THE LEGISLA’ el His’ pet It was daly sworn to b: fully and clearly a statement of facta which, true, demonstrated beyond the shadow of @ doubt thas the ——— — oe my ai age Brive, at “ihe "proper “teiurne att ie proper. ott ure sho’ ts be'the the faults of the re! om the) fhe, e petision was Saver strictly cordance with the law quoted above, ‘eontion, . 1f will be observed, that the section provides that “a vote Shall be taken by yeas te granted.” ‘This | fend house wheth it granted.” This law re a to or Wi she eme | bo allowed. Hierodice his prook. the House of Fees eves er ‘was moved that the er of the joner: bay legal. movin that nied, which was the could be made, but a suo- stitace was offered that the petition be rejected, which was carried. It does not appear to telus the du! authenticated copy of the petition of Mr. Brooks and the action of the House thereon. which is hereunto ‘annexed for referente and marked ex- hibit J. B. No, 1.) 4. CONVENIENT TECHNICALITY, A single glance suffices to demonstrate how utterly unconstitational was this action of the House of Representatives; how subversive of the of the of the people; how arbitrary and regardiess the yl ss of Mr, Brooks as a citizen. ie Leg- clothed with judicial powers by the con: Pope and the laws itadopts ig bear and determine a case of the hest im- portance; that instrument, copiers the right on a contestant to ‘fle his petition; when filed each branch of the Legislature shall say. “whether the pearer shall be granted.’ Neither house nas any right'toreject lis petition. Each is bound to receive ‘the petition and act upon tt; they may take what yn they please ; they ma: fy either the prayer shall be granted or shall not be granted, but they cannot reject. They have no. more right todo sothan they have to order the petitioner to be sent to jail. In this case the ac- tion of the House retasing to comply with a consti- tutional and legal obligation evinced a design to deny Laws ee the itioner. QUESTION OF JURISDICTION. Did thie illegal conduct of the House of Repre. sentatives leave Mr, Brooks and the majority yor the legal voters of Arkansas, Py he asserta, had elected him, withoat weer By no means. The Attorney General of the State subsequently presented an information to the Supreme Court of piper against Baxter fora usurpation of the of Governor. The filing of the application one objected to by Mr. Baxter's counsel on the ground that the Bours Had no jurisdiction to examine and determine the question presented by the information. After hearing full atgument the Supreme Court of Arkansas refused leave to file the tniormation, on the ground that there was no jurisdiction in the Supreme Vourt of the State letermine who is, the legally elected Governor of the State eg & Quo warranto, =e Bente IN the Supreme ours of Arkansas was delivered in beptember, 18' in. the itn Not June, 1878, Mr. Brooks had insti- tated a suit me ae State Vircuit Court of Pulaski count ir, Baxter, averring his eo ey by the people to to the office of Governor, and that Baxter was not entitled to hy that he (arooks) was entitled to the fees and emoluments ;. ae arses that he mig! ere judgment placing for ‘the agmornes Mr. Baxter On the 15th of April, gave jnagment ereesating, the demurrer, orderin; Mr. to be. ousted, and declaring Mr. Brooks Governor, and giving eon es Salary. (See authenticated cop: if the cause filed herewith and mari od Exhibit J. B., No) etnies judgment is conclusive in law pon the Executive department of tne United States, as it is upon the judiciary. The Cironit Court of Pulaski county is a Superior Court of general Pree ea ils Pact lls A The State, Eleventh Arkai me 552.) And being a Superior Sour it ber es UDO its own jurisdiction. (Same, p. 543. Cireutt courts have original eeinara' of all actions and proceedings for tie ‘sutorcoment or cit risa or Tedresses of civil wrongs, except when exclusive juris- ven to other = (Arkansas » chap. ter 11, section 18, page The Code was adopted July 22, 1868. (See page The section 526, chapeee 12, page 163, declares that “whenever & perso: aD office or fran- chise 9 which he is not youtitied by law an action pr Bras dings at law may be instituted ainst bi ether tye by the State or the party entitled to the office or franchise to prevent the ‘usorper from exercising the office or franchise.’’ The matter here becomes too pinta for contro- band The Oircuit Court has general jurisdiction civil. actions except where exclusive jaria: dtoton is. given to other courts. It is not coy nes pretended that the actions allowed by le 525 are given to another court, but the claim is made broadly by Mc, Baxter that no court has it. But to maintain that no court has jurisdiction ts to fy in the face of the law, which beso in express terms that the and oa has diction ee all civil of office rrongtatly buena asa a legal peal righ of ‘action. The ju aiouon os te, @ Circuit Court being then too clear for what is the effect of the hall ment it has rrenderéd ? .“Pull faith and credit Shall be given ger) to the public acta, records and sea area oe he of every other State.” (Const. artic section mo ether ate the sane ckedie ta the courts of tig: ee 4 Statutes at Large, mm THE svrkece court wor surRi SUPREME. Tt has been averred that the Circuit Court of. United States.” . . Pulaski cone was be Ree im the case, and that its judgme! juently : aun, want o and void; and it is Dretended that dl Jurisdiction bas been cided by the a aeeten, Court of Arkansas in ‘ee case above eae wee Court refused to allow the ‘Atorney General in the name of the State to file an information in the nature of a » warranto but no si scope can lean Pe, given to the decision. The only juéstion then raised was Whether the Supreme lourt could issue ag ‘warranto to test the right of Mr. Baxter to the office of Governer, and. tne Court decided 1 had no juriadiction to issue the writ. That was all. Whatsoever tt said as to the fig arg another Court to issue such 8 ase was. &@ mere odtier dictum and of no Rat tr the boot as eee estion was presented he record. reme Court then decided that the Cir- cule Court possessed jurisdiction to issue such - | a writ, that dictum oe not have been binding | & on Mr. Baxver or on the by chnse Court, and wouk not have been treated as res yudtoata on the case coming up for review sw from the decision of a Cir- cult Court. Odtéer dicta are of no authority. It Was well remarked Oy Huston, 4 , im the case of Frant: itz v8. Brown, 17 Sergant and Rawle, page “Tf general dicta in cases turning on oe stances are to Oe considered. as. ena , a shall say or imetances, m: nas my fon at the 6 as eu it Bul fil neves "eousaer fagssit Nou sound oreeadle: 7 at 0 a considering such ober | 3 to opinion. The acuity Sencm Court of Arkansas, then, has said as to the jurisdiction s) the Cir- cult cult Court 0 of faski county in this case, as the Point was not vefore it; and if tt had been it would not be @ rule for ttie President of the United States for Lane, reasons—firat, because the case in Supreme Court was one. where the State _ the party petitioning, ae a one there is not res to ir. Brooks; and second, because in a case in which the question was belore them they have der I. the Case of Ramsay vs. ele eee coon pa A There the plainti® rayed for a writ of quo warranto, and the ques- jion was whether :* ee jague at the suit of a Private person. Be AES sya that iat ie coal a eee, nd also’ said, nee Co ane oftice 2 seston Oo! | i au servant Sans Bare ge AS A jon. |e ‘tea civil code declares that Twnenever w y be am cen eaeibat | huge iter se ta ihe: aad ms Pe tho eet in chis case, “wen a a to’ assert and ental of ir ray th wh oa ineurrec i ihe appt me iro from he. Legislature ply ats See ied uetrwns a thas the be ¢onvened, then in nt constitu ve ‘8 applied A ying, thede sound’ rules of f constraction to the suation of affairs im the State of Arkansas Furet ust qheres Ho insurrection ageinst the ns soveromens thereof, ft is Probable that the ers of the a ag wellss the Con- ea United the former using words . ‘dom violence,” Sem the word aes aca snes ‘'ranto was invented, Orisa, actanming wt ‘which of two ertons ‘was enitiod: to ro ‘omice, bu duties, writ 3 the iastance of the ‘weate, nor ia tt wordh indfvrduass Soot a the right to NU of ‘The haa rent :0 aa 0 it to an office, decree of the Batre a of which operate at once irom the moment they are rendered, without need of a2 execution, or which, as ha I set! Fay ind it by th bunals 2 In New York it uss been helazs ne COURHY: ire 4 ‘ean exseanes showia “ast ay os at eri to put the mcceaatuat ry the The docks snd apa eh to it So far the office is concerned, ras jovened rcedorped goat Sead “People vas Samana Supreme i) ‘And 1¢ was beld in another case, in 1 pe fi » in the same an ap. an ap. gaty him at ‘ose, and. jaent to Heer at ore This principle ts well settled, and time ts want- ing to Pollare more authorities on the point, were any more needed, which can ly be conceived to be the case, lt Be Ges, eh Soe Se very from the character of she gov- and authority, thas it Mr. Bax! ousted trom of! be Court laski county all his oficial acts ‘were null and void, and that to 100 tO inreciera ea The Ctroult Ge Court of Pulas! county, has it him, and there are two decisions of Supreme Court, one affirming the. jotion vot the Otreutt Court where the question, wad correctly in issue, and one disallowing by an digtum in @ case where it was not presented. Is gf not evident that the Supreme Court of Ar should be leit to decide the matter aS as the case has already been “aken up ov ap to that Court from the Circttt ‘Court, where, it ap- pears 3 Mr. Baxter by no meansdesires a decision, ince the telegraph informs us he has-preven' ‘ns pe aaserahling or the Court by the arrest of the stantly presents over view w. e of this subject it ame (came aspect—thatof a paige oa. not a Botton question Por one whose di belongs 10 the judictary, not to the executive de. partment of government. It ts a contest for ® State office, involving an inguiry into the merits ofa State election, and no more em! ig any federal question than would be in the election of & constable or justice o1 the peace. The rankiof the officer comnot change the complexion of the sub- ject mat ‘ In foe, Loner President of the United States is now called upon by Mr. Baxter to intervene by armed force to overrule the decision of Toy etent Court We have the honor tore! your obedient servants, THO. Bex. T puva JOHN T fa. BURTON, or Despateh from Brooks to the President= Effect of the Decision of the Court. WasHINGTON, May 1,.1874. The President has received a despatch from.Gov- ernor Brooks at Idttle Rock, containing informa- tion as to the recapture of Associate Justice Searte, with the details relative to the meeting of the Supreme Court, The telegram does not differ in substance from the press reports pub- lished this morning, Brooks says ‘that. the de- cision of the Court.on the controveray which has been commenced will settle the question as to who is the legal Governor of Arkansas and give us peace which ever way it may be decided.” Ade cision was expected this morning. THE WEEKLY HERALD. 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