Rensselaer Semi-Weekly Republican, Volume 21, Number 60, Rensselaer, Jasper County, 13 April 1900 — RULES IN FAVOR OF BECKHAM. [ARTICLE]

RULES IN FAVOR OF BECKHAM.

Kentucky Court of Appeals Decides the Governorship Case. With a full bench sitting, the Court of Appeals of Kentucky Friday handed down a decision in the governorship case. By a vote of 0 to 1 the ruling of Circuit Judge Emmett Field of Louisville, in favor of Beckham is sustained. -The dissenting vote was cast by Judge Durelle, one of the three Republican judges, who wrote a separate opinion. The principal opinion was written by Judge Hobson. Judges Guff.v and Burnham, Republicans, presented shorter concurring opinions. Judge Hobson’s opinion recites that the action of the Legislature was final; that the courts have no authority to reverse this action; that the Governor exceeded his authority in adjourning the Legislature in Frankfort to Loudon, and that the journals of-the tw.o houses of the General Assembly being regular, cannot be impeached. Judge Durelle’s dissenting opinion was based ou the fact that the Legislature at the time it assumed to act on the gubernatorial ease was a mere contest board, and under the notice of the contestants hud no jurisdiction to act in a judicial capacity at that' particular time. He therefore holds the action of Xhe Legislature to be null and void and subject to reversal in courts of law. The separate assenting opinions of Judges Gussy and Burnham practically agree in all vital points with the decision of Judge Hobson. But while assenting as to the main issues, Judges Gussy and Burnham strongly condemn the Goebel election law.