preme law of the land. The Constitution of Kentucky expressly forbids the exercise of absolute and arbitrary power over the lives, liberty, or property of freemen. And that principle is at the very foundation of the government of the Union. Indeed, to sustain that principle our fathers waged the war for independence and established the Constitution of the United States. Yet by the decision this day rendered, no redress can be had in the courts when a legislative body, or one recognized as such by the courts, without due process of law, by the exercise of absolute, arbitrary power, and without evidence, takes an office having a fixed salary attached thereto from one who has been lawfully elected to such office by the voters of the state at a regular election. The doctrine of legislative absolutism is foreign to free government as it exists in this country. The cornerstone of our republican institutions is the principle that the powers of government shall, in all vital particulars, be distributed among three separate co-ordinate departments, legislative, executive, and judicial. And liberty regulated by law cannot be permanently secured against the assaults of power or the tyranny of a majority, if the judiciary must be silent when rights existing independently of human sanction, or ac quired under the law, are at the mercy of legislative action taken in violation of due process of law. punished as directed by law. The latter | the legislature of a state as above the sushould not be rewarded by a declaration of the inability of the judiciary to protect public and private rights, and thereby the rights of voters, against the wilful, arbitrary action of a legislative tribunal which, we must assume from the record, deliberately acted upon a contested election case involving the rights of the people and of their chosen representative in the office of governor without looking into the evidence upon which alone any lawful determination of the case could be made. The assassination of an individual demands the severest punishment which it is competent for human laws in a free land to prescribe. But the overturning of the public will, as expressed at the ballot box, without evidence or against evidence, in order to accomplish partisan ends, is a crime against free government, and deserves the execration of all lovers of liberty. Judge Burnam, speaking for himself and Judge Guffy in the court of appeals of Kentucky, although compelled, in his view of the law, to hold the action of the legislature to be conclusive, said: "It is hard to imagine a more flagrant and partisan disregard of the modes of procedure which should govern a judicial tribunal in the determination of a great and important issue than is made manifest by the facts alleged and relied on by the contestees, and admitted by the demurrer filed in this action to be true, and I am firmly convinced, both from these admitted facts and from knowledge of the current history of these transactions, that the general assembly, in the heat of anger, engendered by the intense partisan excitement which was at the time prevailing, have done two faithful, conscientious, and able public servants an irreparable injury in depriving them of the offices, to which they were elected by the people of this commonwealth, and a still greater wrong has been done a large majority of the electors of this commonwealth, who voted under difficult circumstances to elect these gentlemen to act as their servants in the discharge of the duties of these great offices." I cannot believe that the judiciary is helpless in the presence of such a crime. The person elected, as well as the people who elected him, have rights that the courts may protect. To say that in such an emergency the judiciary cannot interfere is to subordinate right to mere power, and to recognize Other grounds are disclosed by the record which support the general proposition that the declaration by the body referred to, that Goebel received the highest number of legal votes cast and was entitled to the office of governor, ought not to be regarded as valid, much less conclusive, upon the courts. But as those grounds have not been discussed by this court, and as it declines to determine the case upon the merits as disclosed by the evidence, I will not extend this opinion by commenting on them. What has been said in this opinion as to the contest for governor applies to the contest for lieutenant governor. I am of opinion that the writ of error should not have been dismissed, and that the court should have adjudged that the decree below took from Taylor and Marshall rights protected by the 14th Amendment of the Constitution of the United States. FOLLOWING ARE MEMORANDA OF ALL CASES DISPOSED OF AT OCTOBER TERM, 1899, WITHOUT OPINIONS, AND NOT ELSEWHERE OR OTHERWISE REPORTED IN THIS EDITION. TENTH RULE. TOWNSHIP OF GARFIELD et al., Plaintiffs in Mr. W. Littlefield for plaintiffs in error. No counsel for defendant in error. October 24, 1899. Dismissed with costs, pursuant to the 10th Rule. GEORGE WEBSTER, Appellant, v. R. D. SPECK, Sheriff, etc. [No. 443.] Appeal from the Circuit Court of the United States for the District of Washington. Mr. James Hamilton Lewis for appellant. No counsel opposed. January 8, 1900. Dismissed with costs, pursuant to the 10th Rule. TOWNSHIP OF GARFIELD, FINNEY COUNTY, KANSAS, et al., Plaintiffs in Error and Appellants, v. C. H. POTTER & Co. [No. 111.] In Error to and Appeal from the Circuit Court of the United States for the District of Kansas. Mr. W. Littlefield for plaintiffs in error and appellants. No counsel for defendants in error and appellees. January 17, 1900. Dismissed with costs, pursuant to the 10th Rule. G. W. BOYD et al., Appellants, v. J. L. SWEET, County Treasurer, et al. [No. 133.] Appeal from the Supreme Court of the Territory of Oklahoma. Mr. Horace Speed for appellants. Messrs. Harper S. Cunningham, Charles Dick, and F. C. Bryan for appellees. January 29, 1900. Dismissed with costs, pursuant to the 10th Rule. BESSIE BARNETT, Appellant, v. JOSEPH BARNETT. [No. 144.] Appeal from the Supreme Court of the Territory of New Mexico. Messrs. F. W. Clancy and Thomas A. Finical for appellant. Mr. W. B. Childers for appellee. January 31, 1900. Dismissed with costs, pursuant to the 10th Rule. JOHANNA QUIRK, Appellant, v. WILLIAM W. LIEBERT. [No. 146.] Appeal from the Court of Appeals of the District of Columbia. Messrs. Robert Andrews and J. Miller Kenyon for appellant. Messrs. F. L. Williams, James S. Edwards, and Job Barnard for ap pellee. February 1, 1900. Dismissed with costs, pursuant to the 10th Rule. BENJAMIN LOMBARD, JR., Plaintiff in Error, v. B. F. MCMILLAN et al. [No. 147.] In Error to the Supreme Court of the State of Wisconsin. Mr. Louis A. Pradt for plaintiff in error. Messrs. T. C. Ryan, M. A. Hurley, and W. H. Mylrea for defendants in error. February 1, 1900. Dismissed with costs, pursuant to the 10th Rule. WAPLES PLATTER Co. et al., Plaintiffs in Error, v. C. W. TURNER. [No. 151.] In Error to the United States Circuit Court of Appeals for the Eighth Circuit. Mr. Arthur G. Moseley for plaintiffs in error. Mr. Wm. T. Hutchings for defendant in error. February 1, 1900. Dismissed with costs, pursuant to the 10th Rule. D. L. BOYD et al., Appellants, v. United STATES. [No. 161.] Appeal from the United States Circuit Court of Appeals for the Fourth Circuit. Mr. R. R. McMahon for appellants. The Attorney General for appellee. February 2, 1900. Dismissed, pursuant to the 10th Rule. ANNIE R. KEAN, Plaintiff in Error, v. EDWARD ROBY et al. [No. 98.] In Error to the Supreme Court of the State of Indiana. Mr. William P. Fennell for plaintiff in error. Messrs. Edward Roby, W. H. H. Miller, and J. B. Elam for defendants in error. February 26, 1900. Dismissed with costs, pursuant to the 10th Rule. 1019 FRED MILLER BREWING COMPANY, Plaintiff | GLENN TUCKER et al., Appellants, v. CHOCin Error, v. W. M. STEVENS et al. [No. 173.] In Error to the Supreme Court of the State of Iowa. Mr. Henry J. Taylor for plaintiff in error. No counsel for defendants in error. March 2, 1900. Dismissed with costs, pursuant to the 10th Rule. WILLIAM PELZER, Petitioner, v. HORN & BRANNEN MANUFACTURING COMPANY. [No. 196.] On Writ of Certiorari to the United States Circuit Court of Appeals for the Third Circuit. Mr. Richard N. Dyer for petitioner. Mr. Hector T. Fenton for respondent. March 14, 1900. Dismissed with costs, pursuant to the 10th Rule. J. H. HAMPSON, Appellant, v. FRANK DrSART. [No. 205.] Appeal from the Supreme Court of the Territory of Arizona. Mr. W. H. Barnes for appellant. No counsel for appellee. March 19, 1900. Dismissed with costs, pursuant to the 10th Rule. A. H. BISHOP, etc., Appellant, v. EXCELSIOR NEEDLE COMPANY et al. [No. 221.] Appeal from the United States Circuit Court of Appeals for the Seventh Circuit. Mr. Joseph V. Graff for appellant. Messrs. J. M. Flower, F. J. Smith, and Harrison Musgrave for appellees. March 21, 1900. Dismissed with costs, pursuant to the 10th Rule. J. W. GOODSON, Appellant, v. J. S. RALEY et al. [No. 224.] Appeal from the District Court of the United States for the Southern District of Georgia. Mr. Clifford Anderson for appellant. No counsel for appellees. March 22, 1900. Dismissed with costs, pursuant to the 10th Rule. JOSEPH B. GLENN et al., Appellants, v. CHOCTAW NATION. [No. 226.] Appeal from the United States Court in the Indian Territory. Messrs. Yancey Lewis, W. W. Dudley, and L. T. Michener for appellants. No counsel for appellee. March 22, 1900. Dismissed with costs, pursuant to the 10th Rule. HAZEN S. PINGREE, Plaintiff in Error, v. MICHIGAN CENTRAL RAILROAD COMPANY. [No. 230.] In Error to the Supreme Court of the State of Michigan. Mr. Fred A. Maynard for plaintiff in error. No counsel for defendant in error. March 23, 1900. Dismissed with costs, pursuant to the 10th Rule. TAW NATION. [No. 231.] Appeal from the United States Court in the Indian Territory. Mr. J. C. Hodges for appellants. No counsel for appellee. March 23, 1900. Dismissed with costs, pursuant to the 10th Rule. BLANCHE I. HARRISON et al., Plaintiffs in Error, v. FRANKLIN J. MORTON. [No. 223.] In Error to the Court of Appeals of the State of Maryland. Mr. R. H. Spencer for plaintiffs in error. Mr. Edgar H. Gans for defendant in error. April 16, 1900. Dismissed with costs, pursuant to the 10th Rule. JAMES C. BERRYHILL et al., Appellants, v. Mr. George P. M. Turner for appellants. No counsel for appellee. April 17, 1900. Dismissed with costs, pursuant to the 10th Rule. MISSOURI, KANSAS, & TEXAS RAILWAY COMPANY, Plaintiff in Error, v. IRA STEINBERGER. [No. 254.] In Error to the Supreme Court of the State of Kansas. Messrs. James Hagerman and T. N. Sedgwick for plaintiff in error. No counsel for defendant in error. April 17, 1900. Dismissed with costs, pursuant to the 10th Rule. RACHEL GARDINER et al., Appellants, v. CREEK NATION. [No. 282.1 Appeal from the United States Court in the Indian Territory. Mr. Napoleon B. Maxcey for appellants. No counsel for appellee. April 27, 1900. Dismissed with costs, pursuant to the 10th Rule. NINETEENTH RULE. JOHN A. GORDON, Appellant, v. UNITED STATES. [No. 25.] Appeal from the Court of Claims. Messrs. John Paul Jones and F. P. Dewees for appellant. The Attorney General for appellee. October 11, 1899. Dismissed, pursuant to the 19th Rule. TWENTY-EIGHTH RULE. GEORGE DEER IN WATER, Appellant, v. LEO E. BENNETT, U. S. Marshal. [No. 159.] Appeal from the United States Court in the Indian Territory. Messrs. Wm. T. Hutchings, Wm. P. Thompson, and Yancey Lewis for appellant. Solicitor General Richards for appellee. June 22, 1899. Dismissed, pursuant to the 28th Rule. FREDERICK ZORN et al., Petitioners, v. STEAM HUGULEY MANUFACTURING COMPANY et al., Mr. Robert D. Benedict for petitioners. Mr. James J. Macklin for respondent. October 23, 1899. Denied. PATRICK HINES, Petitioner, v. STEAM Tue "VICTORIA," ETC. [No. 425.] Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Second Circuit. Mr. Robert D. Benedict for petitioner. Mr. James J. Macklin for respondent. October 23, 1899. Denied. EMMA S. FAYERWEATHER et al., Petitioners, v. TRUSTEES OF AMHERST COLLEGE et al. [No. 420.] Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Second Circuit. Messrs. Roger M. Sherman and William Blaikie for petitioners. Messrs. James L. Bishop, John E. Parsons, and C. N. Bovee, Jr., for respondents. October 30, 1899. Denied. Announced by Mr. Justice Harlan. (THE CHIEF JUSTICE took no part in the decision upon this petition.) SINGER MANUFACTURING COMPANY, Petitioner, v. HERMAN CRAMER. [No. 331.] Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Ninth Circuit. Messrs. C. K. Offield, C. C. Sinthicum, and M. A. Wheaton for petitioner. Mr. John H. Miller for respondent. October 30, 1899. Denied. ELIZA W. PATRICK, Petitioner, v. FRANK L. UNDERWOOD. [No. 403.] Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Eighth Circuit. Mr. Charles I. Greene and Ralph W. Breckenridge for petitioner. Messrs. Charles H. Toll and D. V. Burns for respondent. October 30. 1899. Denied. FRANK R. CHANDLER, Trustee and Executor, etc., et al., Petitioners, v. JOSEPHINE POMEROY et al. [No. 407.] Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Third Circuit. Mr. C. C. Bonney for petitioners. Messrs. John G. Johnson and George Baldwin Newell for respondents. October 30, 1899. Denied. KNIGHTS TEMPLARS & MASONS' LIFE INDEMNITY COMPANY, Petitioner, v. CARRIE E. CONVERSE. [No. 413.] Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Seventh Circuit. Mr. Charles H. Aldrich for petitioner. Mr. John S. Cooper for respondent. October 30, 1899. Denied. Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Fifth Circuit. Messrs. E. H. Farrar, B. F. Jonas, E. B. Kruttschnitt, and J. M. Chilton for petitioners. No opposition. October 30, 1899. Denied. SIMON F. MACKIE, Appellant, v. BRICKYARD GOLD MINING COMPANY et al. [No. 416.] Appeal from the Circuit Court of the United States for the District of Utah. Mr. A. T. Schroeder for appellant. Mr. S. M. Stockslager for appellees. October 30, 1899. Dismissed, each party to pay its own costs, on motion of Mr. S. M. Stockslager for the appellees. ROBERT L. TAYLOR et al., Appellants, v. NASIIVILLE, CHATTANOOGA, & ST. LOUIS RAILWAY. [No. 179.] Appeal from the Circuit Court of the United States for the Middle District of Tennessee. Messrs. G. W. Pickle and Wm. L. Gran bury for appellants. Mr. J. M. Dickinson for appellee. October 30, 1899. Dismissed, per stipulation, on motion of Mr. J. M. Dickinson for the appellee. DAYTON TRACTION COMPANY, Plaintiff in Error, v. AMY R. CAMPBELL. [No. 129.] In Error to the Circuit Court of the United States for the Southern District of Ohio. Mr. E. W. Kittredge for plaintiff in error. Mr. Charles W. Baker for defendant in error. November 1, 1899. Dismissed with costs, on motion of counsel for plaintiff in error. JAMES H. BACON, Petitioner, v. UNITED STATES. [No. 431.] Petition for a Writ of Certiorari to the. United States Circuit Court of Appeals for the Eighth Circuit. Messrs. George Sutherland, Jacob R. Custer, and Lester O. Goddard for petitioner. No opposition. November 6, 1899. Denied. JAMES H. MILLS, Receiver, Petitioner, v. CITY OF HELENA. [No. 334.] Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Ninth Circuit. Messrs. Thomas H. Carter and John B. Clayberg for petitioner. No opposition. November 6, 1899. Denied. CENTRAL THOMPSON-HOUSTON COMPANY, Petitioner, v. KENTUCKY & INDIANA BRIDGE COMPANY et al. [No. 433.] Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for the Sixth Circuit. Messrs. James P. Helm and Helm Bruce for petitioner. Messrs. Alex. Pope Humphrey and George M. Davie for respondents. November 6, 1899. Denied. |