Indiana State Sentinel, Volume 23, Number 43, Indianapolis, Marion County, 19 May 1874 — Page 4

THE INDIANA STATE SENTINEL. TÜE8DAY, MAY 19, 1874.

, -sr.- -- TUESDAY, MAY 19.- , The county council of Tipton county grangers held a meeting oil the last Friday of April, at which they took pretty high po Ittlcal ground, In substance the resolution passed provide for a delegate convention ol grangers to meet In Jane and nominate a ticket for , county officers, to . be composed equally of former, democrat and'republi cans. They fix the salaries of their officer, ahccld they be elected, as followi: Clerk 12,000; auditor, fl.SOO; treasurerSl.SOO; hetIff, lt000. The sheriff la allowed ten oenta per mile travelling fees. County COtnmUionera, $3. per day and twenty cents per , wile travelling lees, one trip for eaeü regt. lar session. They will' require -a bond or obligation from each officer to pay oyer the foes of hia office, iuo the treasury, and they "propose to creata an executive committee of six to aee thai these regulations are enforced and to sxaminethe books each quarter and to tiansjct anytt&er business for the welfare or the county. Tb la action of the Council, as will be seen, to a ' proposal not only for political action as a body, but to govern the county outside and independently of the laws of the state. It need net be said that in this they have overstepped the line, probably . not baring , thoronghly considered the nature of their action, ' - ' ' ' 'i By the courtesy of the State Auditor, wbo has granted to the press the use of, large portions of hia report iu advance sheets from time to time, the Sentinel gives this morning a table of great general Interest. I shows the rate of taxation in every county oi the state as levied by, the commissioners, aqd in another column the total per . cent of taxes in eaJi county. The state tax is known to be fifteen cents on the hundred dollars, the school tax is sixteen cents, and the township taxes and special levies for railroad aid, bridges, court bouses and local matters, are not given here, though all are shown in detail in the sheets furnished by Mr. Wild man. The two columns given are the significant ones, as the first shows what the counties are doing and the great difference in the leviei, and the second, or total - column, shows the weight of the burden which to crush ingtbe lite out of the' fanners. 'In few cases the showing needs explanation. 'For instance Jefferson county Undaevx f2 29 on the hundred. One dollar of thai U a railroad tax voted, but because of the failure of the project it will not be collected. There is food for thought in the table, and auch thought as occupies the minds of most men at this time. There will be an over turning in the system which lies at the basis of this table.

1 An imp riant decision has just been ren dered by Judge Shipley, of Massachusetts, concerning the claims of dentists against the tiocdyear Dental Vulcanite company. The decision was in the company's favor, and is a test one for all other similar cases- now pending in other states, and oi which there are a great number. The biätory of the whole case is a very interesting one, and "bricily told is this: In 1652 Dr. John A. . -Cummins applied vulcanized rubber in making false teeth, filing his solicit for a patent in lSöö-ß and 1S59. It was, however, rejected, and it is asserted that Dr. Cummica then dedicated his discovery to the public, making it common property which could not then be patented. However, he finally obtained a patent in 1804, and this was soon alter sold to tho Goodyear Dental vulcanite company. But in the meantime Dr. Cummins' investigation Lad been freely used by many other dentists, and many suits had grown up under this litigation. At last, as a means oi fortification, the denisia in nearly all the satea formed dentists protective unions agreeing thus to use the patent and to fight the Goodyear company. In this last euit the test legal talent of the country was employed on both sides. This decision aflects the dentists and. their customers to the amount of 100,000 a year in royalties, or in eigbt years, the life of the patent, it amounts to fl.000,000. ' A grain of mustard seed has fallen by the . -wayside in "Worcester, Mass. Some time ago the Springfield Republican called upon the i young men of the state to fom political clubs, which forgeUIng those things which are behind should reach forth unto those r things which arei before. In other words 1 the design, was that the young men should unite upou a plan of action 4 the object 6f which, was to disregard old party ties and to purify politics by an infusion of conscience and good sense." In response to this call a - large number of the best 'young rr.cn of the city of "Worcester met last Saturday evengin and proceded to form such a club. They -were from all pa ties, republicans, democrats, liberals, Butlerltes, strangers of Rome, Jews and proselytes. A platform of principles has been prepared, declaring that t.' e J" present partiej are divided upon, issues which are of historical . interest only, announcing the object, of :,t:e club to be the ' '- 'consideration of fresher issues,' such as those of centralization, finance, temperance. ' woman ufTrage, minority representation, the condition of labor and religion as connected with the public schools. It is no psrt ot thi plan that these questions should be decided, off-hand, but that they should be carefully and thoroughly considered.' Of course the club is gushingly patronized by the party press. The republican organ and the deino cratic organ are delighted with the interest taken by the young raen in politics, butj suggest that the same ends might more easily be reached within the legitimate party lines. This sort of coaxing probably won't wash. If it does not it will giye place to sneers. But if the young men are really in earnest, the one method of persuasion will be as vain as the other, and the seed thus planted in "Worcester will spring up all over the country and multiply, and bring forth glorious fruit.

Occasional hints fronithe organlcpresses t

indicate that the recent political aeveiopmenta are beginningto make their Impres sion on the party managers.- A home organ philosophically remarks that the result In this city will aecure better candidates In the republican county .-. convention yet- , that same sheet will be loudest In approval of whatsoever metal the caucus rings may put up. There is amoDg candidates a ladt un derstanding, too,- that the economy dodge supplemented by the one-term notion, will pull -'the aspiring through. If the people understand themaelves, there will be more than mere promises demanded of the succeaarul candidates' In the coming contests. To be sure thai was not the case In the recent overturn in this city, where the popular Indignation and disgust were so great that some of the very outcasts of humanity were swirled into office in the tumult. That, however, will hardly happen again. We shall see our fellow-men exercising some of the lunctions of citizenship, and the first and greatest of these la the duty of dltcrimlnsting tu the selection ot officials. Of one thing the aspirants to office In this state will do well to lake notice,. The re 'Is to be a reduction in the salaries. , If the voice ot the people means anything, it meana this. Not that the people are unwilling to pay a reasonable compensation for service rendered. They will cheerfully recompense their chosen servants for all they areworth. But there to a' decided and unanimous revolt against making men rich out of the public treasury tor a term or two of : service. It la not exactly easy to say what some offices in the oonnties are worth. For Instance, that of county treasurer, besides the lawful fees and perquisities of the place, there to interest and even speculation with the public funds, which makes the treasurers' incomes enormous, anywhere from f 10,000 a year '.upwards, ' Only ' one ' thing ia obvious, that they go . in , poor . and come out rich, unless, as in some cases, wealth makes them wild and they become "fast' to end in defalcation. The farmers are perfectly right when they claim that a salary of from f 1,500 to 2,500, will command abilities abundantly competent for auditors, clerks, treasurers, recorders, and sheriffs of the counties. The men who secure these positions are not generally remarkable for talents and education. Their duties require fair capabilities and good education,' nothing more. County officers as a general thing possess no qualities to make them deserving of three or, feflur times as much pay aa any bodv else of their fellow-citizens can obtata. Tkere Ja no .reason w hy a county .treasurer should realica $10,000 a year from his ofSe when he could not by . any abilities of bis own make a fifth part of that sum m any other way. But there are many and strong reasons why he should not by any means have such pay. In the first place, it is a rob' bery of the people,a waste of their hard earned money. It is paid out of taxes drawn from the humble homestead of the hard worker and the poor widow. The physician baa some show lor large fees even from such people, for his skill has cost great sums in time and money. The county officer has no such expansive quality. But the extravagance is not the worst feature. The unjust and unearned pay is demoralizing. It tends to ruin good men. A merchant who has made a fortune on business principles by energy and talent will not be upset by a large Income; he turns it into his business and keeps hia balance. Bat take a man who has never made money by honest earning - beyond a scanty income, and suddenly expand his resources to a large figure and his wants expand still faster. An officer who can get f 10,000 to 120.000 out of his place is vastly more likely to make default and involve his securities than he would be on an honest salary of 2,500. Why grumble about ' the pay of congressmen and disregard the ridiculous system of county expenses? They are echoed from every state in the union, and every taxpayer m the state. The evil will doubt less receive attention at the June camp meeting, aa it is doing in all the counties where the people are uniting against it, regardless of party and name. They, have practical work in their eye. . ; The new compromise currency bill reported from the .finance committee on the 6th instant, passed the Senate on Thursday by a vote of 25 to 19, " Among those voting f jr the bill were Messrs. Logan, Oglesby, Ferry (.of Michigan) and Allison; among those voting against it were Messrs. Sherman, .Thurman, Conkling and Washburn, and among those who. paired' off were Morton, who would have favored, and Schurz, wbo would have opposed it. Although this bill-was first introduced by Senator Sherman, yet it has suffered so many amendments that be can scarcely recognize it now as his own, at least his vote was cast against it. The bill, aa 1 passed, has been " amended six times, and every time at the suggestion of Mr. Wright. The first amend ment provides 4 that the retirement of legal tender notes shall be in the propor tion of 25 per cent, to the issue of new national bank notes, instead ot 50 per cent., as originally provided in the bill. The next amendment inserts a clause in the eighth section providing that greenbacks shall be retired in the proportion issued only when 11,000,000 new national bank notes are issued over and Jabove the maximum amount outstanding at any time. , The third amendment makes the interest on the bonds issued to take up United States notes, four and a half percent, instead of five per cent. The fourth amendment makes these bonds redeemable at the pleasure ot the government ten, instead of fifteen, years after the date of issue. The fifth amendment fixes on July;.,' 1S78, aa the date of resumption Instead of January 1, 1877, being a year and a half later. The last amendment makes it compulsory on the secretary of the treasury to reissue the United States notes which have been redeemed in coin or gold bonds, thla to be made in the purchase of bonds, redemption of the public debt at par in coin, or in payment of government expenses. All these amendments aim 1 at a postponement of specie resumption. But, in addition

to this, the, other amendments evidently 1

weaken the policy of an early resumption. kk the gold bopds with, whjch it Is proposed to redeem - greenbacks are made to bear a lower rate of interest and run for a shorter time, both of which limitations must diminish their value. Indeed a comparison of the bill.as it now offers itself, with its first form explains the dissatisfaction of those wbo originally drafted and sustained It. ' Mr. Logan did not hesitate to.aay hat the second and third sections ' would contract the circulation over , 40,000,000, and other speakers joined in the same opinion. ' Mr. Sherman says that Mtbe general effect, upon the whole, would be to, expand,. the currency," but he adds that the expansion would take place ander "au eh restrictions' and t limitations as , not to cause depreciation." . . . IIow . to expand a currency without depreciating its value is hardly an open question. The two sections which In Mr.. Bherman's opinion would do this are the sixth and eighth, and these authorize the Issue of f 164,000,000 of bank notes, and the simultaneous retirement of 182,000,000 of greenbacks; In other words,' they au thorize a net inflation to the amount of $82.000,000, or about 10M per cent. 'Betides these chan geSfthe second and third sections in connection with the fitfo are of peculiar im port. The first ' releases the banks from all obligation to hold any reserve against their circulation, except five per cent of such circu lation, which is to be kept on deposit in the treasury of the United States (or the redemp tion of their notes. The evident' effect of thla ' provision ' would be to induce a considerable expansion If the cur rency authorize should be called for. The third section, 'however, J requires the banks to hold all their reserves against de posits In their own -vaults, and forbids them to reckon balances deposited by them in redemption cities aa any part ot such re serves. This provision therefore will aid toward contraction, by reducing the ai.-iouut of loanable funds in the redemption city banks. Thus the two provisions would seem to neutralize each - other. This latter provision is calculated to destroy at once the equilibrium of the money msrket by effecting an arbitrary redistribution of louable lunds, an attempt ".that is ever followed by disaster, aa much so as a violation of a natural ' law. As to the probable action which ' this bill will receive at the; hands of the president, if it should pan the House, It Is safe In assuming that he will regard it in the same light aa he did the former finance bill, that to as a meat are Udafoi tfceryitjply If C! to an lofi a tpceiricEry end loai re pudlatloWof nattotral faltb. i -. r .... In the Indiana Farmer of thla week Mr. J. J. W. Blllingsiey, gives some facts that deserve careful attention. Mr. Billingsley has been engaged during the past winter in a business which has brought the facts stated to his attention, and enabled him to write with accuracy. The point of his statement is in this passage : . . - Durin? the past winter we have sold more onions, siippei from Liverpool grown npon land worth, perhaps, täou pr acre, snipped three thousand miles by water and a thousand by land than we have sold of onions jt o wn in our own state, if our own Htate has consumed 2",tni0 barrels of onions, at an average of $ö.uu per barrel, it make the sum of fluo.uuu. Potatoes we shall probably consume this year 150,0 ju bushels more than we have grown, at an aveir ui;e coat cf 1.00 per bin-hel making the nice little - sura of Siötyx; dried beans and apples, t50,w0; dried corn 8Zi,tiu); canned corn, probably I25.uuj; canned mall berries and tomatoes, flmi,ujo; pickles, axj,UUO. DurlDE this winter a large amount of butter has been shipped to this state from Ohio and Michigan, amounting to thousands of dollars. Our cheese com principally from other states Ohio sending us the most which costs at least gioo.tou annually, and yet we have every facility for making butter and cheette. Nursery stock, and trees Oougut from nursery acencies, frequently not reliable, say $öo,uuu more. '. Altogether the writer estimates that a round half million has left the state for food products which can be raised in Indiana as easily aa anywhero else In the world. There ia- no lack, of soil and should be no want ' of labor when so many - people are asking every . day for employment, even in positions which oiler but small compensation. To the facta presented o:. similar ones,' some localities might offer explanatory answers. The Southern farmers buy corn and meat grown in the North to feed their families because they can make more money by raising cotton. At least, they think so, and In many cases it is true, though the policy is admitted to be bad. It is not assumed that Indiana does not produce food sufficient to support her population. She does, and in addition a large surplus for exportation. She sells corn, wheat, pork and some beef. The money received for these Is paid out for the lighter articles named,' and some of it, as appears to the reproach of the United States, goes to Eng land for onions. . There are two aspects of the case. In the first place, it can be very readily shown that the articles bought by Indiana are the mart profitable of all crops to raise. It is no fable that in the eastern states $500 net profit has been realized from a single acre of. onions. All the articles named are more profitable than corn, wheat or hogs, especially for. small farmers. , But this question is not the more important. It does not matter that our farmers run to the great-staples. Tbe main point is that there are idle lands and idle hands enough in the state to have produced all the half million dollars worth of food named, and thus kept , the money at home, r selling . iust .as! much of the : leading products as we have. Take the agents, commission brokers, speculators, the unsuccessful . ones only, idle , sons , of , rich farmers, city loafers,, chrouio office seekers atid , all the drones of society5 wbo are , the real . cause of public ',; poverty ' and herd times, and they could have., kept this half million in tbe state and some of it from leaving the American shores'. But suppose the class named won't work and they certainly won't if they can avoid itthose who do would find It to their advantage to mee. the demands of borne consumption in vegetables and dairy products. Thereto certainly something to be learned In the manner of directing farm Industry that will be not only of individual advantage, but a great benefit to Indiana as a state. -' , f Concerning a sewing machine x trick. While the farmers are casting out "middle

menlLandUbe people .ingejieraljare. crying

aloud against monopliea of all sorts, a brief glance at pne Ingenious pecies of , exlj rtlon may prove cot only Interesting but useful. It is a story of a sewing machine, and it may be tated aa a general and preliminary truth that there is .no more f prolific, son ire swindling the American public than' this same thrifty mechanism. Look now. 1 An inventive Chlcagoan devised what is known among men, and women, too, and for that matter women most, as tbe fast attachment. He got it patented. Iu tbe meantime a "ring" of sewing machine manufacturers, disregard ing this previous patent, ' applied for the same patent and were , unsuccessful. They continued however to use It, in spite of their defeat since they ooald do so with impunlty,' the ' originär patentee being very poor and unable to sustain so many continu ons salts, lie however sold portion of his patent and these bad been gradually bought up by the Wilson SewiogMachlneCompany, and they finally obtained a new patent for an extended term. At last, after fourteen years of struggle, the original patentee found himself without a patent, or any in come from it. while his adversaries were annually leaping - large sums in the - way r of rovalties for every machine mads in the' country." Sofn years ago congress again extended this patpromaoie - man those of tbe eye and ' ear' - treatment. The- records of Ophthalmie hospitals - and . blind asylum throughout the country show hun dreds of cases of persons who have become partly or totally blind through such quack ent and now It to again Importuned to still further sanction this ' monopoly. " A corres pondent writing to the New York Tribune on this subject, says: ? i By means of this swindle of extended patents, contrary to law and decency, the people of this country are compelled to pay not leas than 16 Ojo.ooo per annum more than would be necessary if tbe combination eould -iot carry this legislation through congress. A bout four years ago, the way by which this was ac complished became known to the writer. One hundred thousand dollars was placed at the control of me agent, wno went 10 Washington, and placed the money, as the Credit Mobiller stock was put, where it would do tiia raoat good, acecmpushed uie uujech, uu uie paieui was exienaea. Thus it is seen that there to perhaps, no greater legalized swindle In this country to day, than the sewing machine monopoly. Then it is remembered that the original patent for the principle sewing machine is free; that the j proprietors cf six or eight different machines have com blned . " their . -resources . to , permit no manufacturer to use the "Wilson feed," and that the. actual cost of a sewing machine of any design does not exceed fll each. It will be seen to- what an enormous degree of robbery this business la carried on. Indeed, it to a fact that any machine now ' sold for less 1 than ' f 100 In ' this coun try could be profitably sold for from twenty five to thirty-five dollars; in fact, the same machines which sell here for from fifty to ninety dollars have been exported and profit ably sold in England at from twenty-five to thirty-five dollars. Of course these exorbit ant prices are sustained to some ex tent by the presence or numerous agents and middle-men, but there is no good reason to-day why the people of this country should practically pay $6,0O0,0tK) as a royalty on this "Wilson feed" improvement. It is a fraud, but If It succeeds before congress again it will not he the first monopoly which has been granted by that virtuous and highly disinterested pody of public servants. It., will be remembered how base, and vile - and scandalous the Sentinel was said to be for -publishing the call of a body of farmers for convention, and how the organ, day in and day out for weeks, heaped coals of lire on its neaa as a -iraua" and - a trick and everything false, and how it couldn't find, even in its copious vocabulary of billingsgate terms descriptive of the Senner baseness? You can't have forgotten all this lor it was but ' yesterday as it were. But things have come to pass since those days of doubt and disgust. Tie same type which had often told the atrocity of the Sentinel fraud, meekly formed itself into this amazing concession. Said the Journal: - ' Judging from present indications it is not improbable that the Farmers' Convention," to be held in this city on the l.th of June, will be largely attended, lb ere is a gcod deal of rxtlitl cal restleiwnefts throughout the state, and the enthusiasm remung from tne successful organization of the grange movement mattes farmers unusually prompt to embrace every suggestion that looks to the betterment of their condition or to a reform of politics. The democrats are of course anxious for a new deal, and not a few honest republicans seem disposed to think tbe old party needs chastening. To many minds change is always reform, and many welmeaning persons are always ready to Join In any new movement that promises reform, without having any well-defined Ideas of bow the reform Is to be reached or where the . movement will end. Under these circumstances we shall not be surprised If the convention called for the 10th prox. 1 quite largely attended. Nobody questions the right of the farmers thus to meet In convention and to nominate a stats ticket if they choose, but It seems to us they might well hesitate before deciding on that course. The moment thty put in the field a farmers ticket they destroy the usefulness of the grange movement in this state. The true policy of the patrons of husbandry, as we have of urn declared, is to control tbe politics of the country through existing parties.. Let democratic grangers control the democratic conventions, and compel tbe nomination of good. honil, temperate men, and 1ft the republicans do the same in the republican conventions. By so doing they can thoroughly and effectually reform politics and secure all the objects of their organization. And they can not do it any other wa. Huppose they nominate a state ticket on the 10t hol June. They can not hope to elect it unless it U indorsed and supported as a whole by either tbe republican or the democratic party, and there is little probability that it would bo soindorxed by either party. Keither republicans nor democrats intend to abandon their party organizations in this state. Home may, but tbe great majority will not. Both parties will doubtless nominate tickets, and if the farmers nominate a third ticket the result will be to throw the state into the hands of the democracy, as the originators of the movement inteuded. And what, we should like to ask, can be hoped forlntheway of reform from tbe democratic party? That once In power and the grange movement will. Indeed, us a disastrous end. - , Do you see tbe point ? , , Oliver has been making; inquiries lie' has been hearing every thing that drapped", the other day and Oliver says ''sweeten the farmers and He low lor young ducks.", Charming elasticity of the organ, isn't it? How convenient and altogether lovely; It is ' to be ' relieved of tbe disagreeable necessity of thinking. The organ pipes to-day. ; Oliver changes his mind and it pipes yea and you get your money 'a worth. , Now observe how , the country sheets will echo t ie central organicRAntimnntf ' i. . - ... '

'ABEAN8A8PACIFIEDr

H AÜL UP WITH BROOKS. WILLIAMS'S OPINIOnC " , X tTOAX- RBVIXW HR 1 ECIMn ' BAXTXR TUB LAWFUL XXKCCTTVÄ THJt .OBOUXD FOR BROOKS'S CLAIM. Washiwotoj,' May 15, Tbe ' attorney general has submitted to the ' president hLs opinion .In the Arkansas . case. wherein Eliiha Baxter and Joseph Brook, each claiming to be governor of the state, bad maae application to tbe president for aid to suppress insurrection. After quoting from the constitution of Arkansas tbe sect ion providing, for the epeninjt and publiablng ol returns of elections for atate otücers, un -der which Baxter waa declared governor and the clause providing for contested election cases, under which the lower bouse of the assembly rejected Brook's petition for a contest by the decisive votes of 33 to 0. the attorney passes to the proceedings .of 13 nop k in the courta Tie saya: 'Subsequently to the vote in tbe lower house, the attorney general of Arkansas upon a petition ol Brooks applied to the Supreme Court of the state for a quo warranto to try the validity of Baxter's title to the office of governor, in which it was alleged that Baxter was an usurper, etc That court denied the application, upon the ground that the courts of the state had no right to bear and determine the question presented.because the exclusive jurisdiction in such cases had been conferred upon the general assembly by the constitution and laws of the ttabe. Brooks then brought a suit against Baxter In the Pulaski Circuit Court, under the civil code of Arkansas. Brooks states in his petition that he received more than 85,000 votes, and that Baxter received lesa than 30,000 rotes lor governornd, af terdeclaring that Baxter had usurped the office, prays that it may be given to him by the fudgmeat oi the court, and that he may recover $2.000, the emoluments of the office. This presented to the courts the simple question of tbe contest for the office of governor. Baxter demurred to the petition on the ground that the court bad no jurisdiction in the case, and afterwards on the 15th of April the court, ia the absence of the defendant's counsel, overruled the demurrer, and without further pleadings or any evidence in the case, rendeieda judgment for Brooks in accordance with the prayer and petition. Brooks within a few minutes thereafter, without process to enforce the execution of the said judgment, and with the aid . of armed men, forcibly ejected Baxter and took possession of the governor's office. On the next day after the judgment waa rendered, Baxter's counsel made a motion to set it aside, alleging, among other things, as the grounds therefor, that they were absent when tbe demurrer was submitted and tha final judgment rendered; that the judgment of. the court upon overruling the demurrer should have been that the defendant should answer over; Instead of which a final jugement was rendered without giving any time or opportunity to answer the complaint upon ita merits; that the counsel assessed damages ' . WITHOUT AST JUBT t , as evidence, and, finally that the court had no Jurisdiction over the subject matter of the suit. But the next day thla motion was overruled by the court, when the president, in pursuance of a provision of the United States, Is called upon by the executive of the state to protect it against domestic violence. It appears to be his duty to give the required aid, especially when there is no doubt about the existence ol violence. But where two persons claim to be governor and call upon the president under the constitution, it becomes nesessary for him to determine which' ol the : persons is the constitutional governor. The constitution of Arkansas is decisive of this question, a, between Baxter and Brooks. According to the constitution and laws of the stats the votes for governor were counted and Baxter was declared elected and at once was duly inaugurated. Assuming that no greater erfect is tobe given to counting. the votes in tbe presence of the general assembly than ought to be given to a similar action by any board of canvassers, yet when it comes to decide a question of contest, the general assembly is converted by tbe constitution into a judicial body and its judgment is ss conclusive and final as is the judgment of the Supreme Court of the state ouany matter within Us jurisdiction. The parties to such contest plead and produce evidence according'to the practice provided in such cases and the controversy is Invested with the forms and effect of a judicial procedure. Brooks appears to claim thatf when tbe contest for governor is decided by the general assembly, the defeated party may treat the decision as a nullity and proceed de noro in the courts. Ihla makes tbe constitutional provision as to a contest, of no effect, and tne proceedings under it an empty fraud. Looking at the constitution alone and it ap pears perfectly clear that the courta of the state have no right to try a contest about the office of governor, bat that tbe exclusive jurisdiction over that question is vested in the general assembly, there is . a decision made by. tbe Supreme Court upon the precise question presented in the case of Boooks vs. Baxter. Berry was a caudidate for state auditor on the same ticket with Brooks. Wheeler, his competitor was declared elected by the general as sembly. Berry then brought a suit under section SZo, of tbe code in the l'ulaski Circuit Court to recover the office. Wheeler applied to tbe Supreme Court for an order to re strain the proceedings, and the court issued a wmt of rcoHinmoN ' - - ! forbidding the said court to proceed on tbe ground it had no jurisdiction Iu the case. As the questions oi law involved In the cases of Berry and - Brooks , are exactly alike, -that this Circuit Court should have rendered a judgment for Brooks under these circumstanc is surprising, and it is not ton much to sav that it presents a case of judicial insubordination which deserves the reprehension oi every one wbo does nnt wish to see the public conti dec ce and good faith of -judicial proceeding wholly destroyed. Taking the provision of the con stitution which declares that contested elections about certain state officers, including that of governor, shall be determined by tbe general assembly, and that provision of raw which says that all contested elections of a governor shall be decided by the legislature, and the decisions of the Supreme Court affirming the exclusive Jurisdiction .of that- body over, the subject, and the conclusion irresistibly follows that the said judgment of the .Circuit Court is void. A void judgment' binds nobodv. Section 525 c4 the code under which this judgment waa rendered 's no doubt intended to apply to county and other Inferior offices lor wmcfi no provision is else where made, respecting- the claim that Brooks received a rrtejoriiy of the votes at the election it - must be said that tbe president has no way1 to verify -that claim.' ' If- he had, it would' not. In my opinion, under the circumstances of this case be a proper subject for bis con sideration. Perhaps if everything about the election was in. confusion and there bad been no legal count of votes the question of maioritles might form the1 element of discussion, ut whereas In this case there has been a legal count of the votes and tbe tribunal or ganlzed by tbe constitution of tbe state for that purpose has declared the election, the president ought not to go behind that action to lead Into the state vote. Frauds may have been committed, but unhappily there are few elections where partisan real runs high, in which ' the victorious party, with more or less of truth, are not charged

Üb acta f. ra-?dJhersn.uat be an . and to this controversy upon the subject." It would be disastrous to ailow the proceed Ings by whicti Brooke obtained possession of the office to bs-dravrn into sr precedent. There is not a state in. the union in which they would not produce a conflict and prob ablV bleodshed. .Th.Mnnnt R. nrvK.I .

Justified upon any ground, and Jn my optnaier suouia oe recognizee as the lawful executive of tbe State of Arkansas. ( - - 1DDKID. Since the foregoing was written th attorney general says: I have received telegraphic copy of what purport to be the decision of the Supreme Court or Arkansas, delivered on tbe 7th insi. from which it wppars that the auditor of state, upon tue requisition of Brooks, drew his warrant on the treasurer for tbe sura of flJX. ,PTment of wnSch was refused. Brooks then applied to the Supreme Court for a writ of mandamus upon the treasurer who set up. by way of defence, that Brooks was not governor of the state, to which Brooke demurred and thereupon the court says, The or. It question that we deem ft necessary to notice ia Did the Circuit Court have Jurisdiction to render judgment in th case of Brooks vs. Baxter? lie feels some delicacv about expressing an opinion upon the question propounded, but nndfr the pJeadingi it bas to be passed upon incidentally if not absolutely, derminlng .whether tbe relatior is entitled to the refief asked for. Hia right to the office, if established at all, is established by the judgment of tbe Circuit Court of Pulaski county. We. are of the opinion that the Circuit Court bad Jurisdiction of the subject matter, and its Judgment appears to be regular and valid. Having arrived at these conclusions, the demurrer is overraled and the writ of mandamus will be awarded as prayed for." To show tbe value of this discussion it is proper that I should make the following statement: On the 20th of April Brooks made a formal application to the president tor aid to suppress domestic violence,which was accompanied by a paper signed by Chief Justice McClune snd Justices Searle and Stephenson, in which they stated that they recognized Brooks as governor; and to this paper also is appended tbe name of Page, the respondent in the above named proceeding for a mandamus. Page therefore did not refuse to pay THB WARBAXT OP THK ACDITOS because he did not recognize Broqka as governor, but the object of his refusal evidently was to create such facts as were necessary to make a case for the Bupreroe Court. Accordingly pleadings were made up by parties, both of whom were on the same side, and tbe issue so made was submitted to indges virtually pledged to give the decision wanted; and there, within the military encampment of Brooks, they hurriedly, but with delicacy, as they say, decided that he was governor a reuen in plain contravention of the constitution and laws of tbe state, and in direct conflict with two other recent decisions of the same court deliberately mad.- I retrain from comment. More than ' ocee the Semen Court Df the United States hi decided that it would not bear - arguhleht in a ease made up in this. way, and a derfeion obtained under ' such: circumstances is not recognized as authority by any respeclable tribunal. No deubt this decision will add to tbe complications and difficulties of tbe situation but it does not effect my Judgment as to the rigit of Baxter to the office of trovernor until it is otherwise decided upon in a contest made before the legislature of tbe state. On the 11th inst. the general assembly of state was convened in extra session upon a call of Baxter and both Douses passed a joint resolution pursuant to section 4, article 4 of tbe constitution of tho United States, calling upon the president to protect the state against domestic vioi nee. This call exhausts all means by which the people of the state hsve, under the constitution, to invoke the aid of the ymmiHva of United Siates for their protection, and mere seems to ie, under tne clro umstances of the case, an imparative necessity for immediate action. GRANT PROCLAIMS BAXTER. ' TUBBCLKXT AND DISOBDEELY PERSOXS TO SEEK THKIK ABODK8 TKN DA. YS OF ORAeS. Washington, D, C, May 15. Thejlbllowin g is tbe president's proclamation relative to the Arkansas question, which bas been telegraphed to Little Rock for the' Information of all concerned: 1 By ihe Präsident of the United1 State ef A merica, a proclamation : Whereas, Certain turbulent and disorderly persons pretending that E. Baiter, the present executive of Arkansas, waa not eleotMlhave combined together with force and. arms to resist his authority as such executive and other authorities of said state, and whereas, said Baxter has been declared duly elected by the general assembly of said state.as provided in the constitution thereof, and has for a long period been exercising the functions of tbe said office, into which he- wa inducted . according to tbe . constitution and laws of the said state, and onght by its citizens to be considered the lawfai executive thereof, and whereas, it is provided in the constitution cf the United States, that tbe United States shall protect other states in the Union, on the application of tie legislature or of the executive, when the- legislature cannot be convened, agaicst domestic violence, and whereas, the said Eliaha Baxter, under section 4 of article 4 ol tb-constitution of tbe United State, and the laws passed in pursuance thereof, bas aanetofore made application to me tu protect the said state and citizens thereof, against domestic violence, and whereas tha general asseaably of the said state, convened in extra session In the capital thereof, en the ith,instaat pursuant to a call made by tbe sail Elieha Baxter, by both houses thereof, has passed a joint resolution applying to me TO PROTECT 1H E STATT: . against domestic violence, and whereas It is provided in the laws. of tho United States, that in all cases of insurrection to laws thereof, it shall "be lawful for the president of tbe United States, on ar rJacatkm of the legislature of such slate, or ol the executive when tbe legislature caDnot be convened, to employ such a part of tbe land and naval forces as shall be judged xeessary for the suppression of such insurrection, or causing; tbe laws to be duly execated, and whereas, it is required that whenever it may be necessary In the judgment ol the president to. nse the military torce for the purpose aforesaid, he shall forthwith by ' proclamation command such insurgents to disperse and retire peaceably to their bouses within a limited time, now therefore I, U. S. Grant, president of the United State, do hereby make proclamation and command all turbulent and disorderly persons to disperse and retire peaceably to their respective abodes within ten days from this date and hereafter to submit themselves to the lawful authority of tbe said executive and other constitutional authorities of the said ststeand I invoke the aid and co-operation of all good citizens to uphold the law and preserve Fublic peace, n witness whereof I have hereunto set my hand and caused the seal of the United States to be afSxed. Pone rt tbe City of Washington this, the 15th day oi May, in the year ol our Lord, eighteen hundred . and seventy-four and ef the independence of the United States the ninety-eigthth. - U. S. Q RAKT." By the President, Hamtltow Fish, i k r.. , Secretary of 8tatv

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