The Georgia record. (Atlanta, GA.) 1899-19??, April 21, 1900, Image 1
The Georgia Record.
VOL. I.
KENTUCKY ROW
IN HIGH COURT
Supreme Tribunal of the Land
Will Settle the Contest.
DATE FOR HEARING IS SET.
Attorneys File Documents Mak
ing the Situation Plain and
Ask For Early Decision.
A Washington special says: Tht
cases involving the Kentucky gov
ernorship were docketed in the United
States supreme court Monday. A
brief statement in which counsel for
both Taylor and Beckham joined was
filed at the same time, asking for an
early hearing.
The court advanced the case to be '
heard on the 30th instant, and allotted
each side four hours for arguments. ;
The agreed statement sets out that
both Taylor and Beckham, as gover- I
nors, John Marshall as lieutenant gov- :
ernor on the Republican side, and L.
H. Carter as president pro tem. of the
senate, and John B. Castlemon as ad
jutant general on the Democratic side,
are each and all claiming the right to
and are actually attempting to exer- I
cise the powers of the respective offl- i
ces severally claimed by them, thus
producing great confusion in Ken- i
tucky by reason of the doubts as to
which of the persons named has the 1
lawful right to exercise the authority
pertaining to the several offices named,
all to the great injury and detriment j
of the people of the state. The agreed I
statement then continues as follows: j
“Thus, under the constitution and
laws of Kentucky, the governor of the
state, in addition to being charged
generally with the duty of seeing that
the laws are faithfully executed, is also ’
specially charged with the duty and |
invested with the power of filling many
important offices in the state by ap- I
pointment, some by original appoint
ment and others by appointment to fill
vacancies, and also with the power to
issue commissions to many officers, |
whether appointed by him or elected
by the people, and also with the power
to issue pardons and to remit fines and
forfeitures.
“Both plaintiff in error, William S. I
Taylor, and defendant in error, J. C.
Beckham, are claiming the right to
perform all functions of the aforesaid
office of governor, and each of them is j
attempting and has actually attempted
toperform many of the said functions,
such, for example, as issuing pardons
and filling offices by appointment,etc.,
“Some of the officers of the state
recognize the acts of the plaintiff
in error, William S. Taylor, as
the lawful acts of the governor of
the state, and refuse to recog
nize similar acts by defendant in
error, J. C. W. Beckham; while other
officers of the state recognize the acts
J. C. W. Beckham as the lawful acts
of the governor of the state and refuse
to recoznize the acts of William S. j
Taylor as such governor.
“Among other officers whom the
governor is authorized and required ,
to appoint are the officers of the '
eleemosynary institutions of the state,
and each of the said two claimants to j
the office of governor has attempted to I
fill said offices and some persons rec- ;
ognize the authority of the appointees |
of one of said claimants to the offices I
and refuse to recognize those of the
others, and vice versa. By reason of I
all these facts and others which might ,
be enumerated, it is of the utmost im- |
portance to the people of the state ol
Kentucky that the question of the ■
right to office involved in the aforesaid I
litigation be determined. The ques- [
tions of law involved in said causes ,
are of very great and grave interest
and importance, involving the nature
and extent of the powers of an election
contest tribunal and the powers of the
judiciary with relation thereto.”
Mr. Louis McQuowu appears as
attorney for Beckham and other of
the Democrats, while Holm Bruce
appears as attorney for Taylor and ,
other Republicans.
SKINNER ATTACKS BUTLER.
An Exciting Time at the North
Carolina Populist Conven
tion In Raleigh.
A special from Raleigh, N, C., says:
Ex-Congressman Harry Skinner, who
four years ago at a Populist state con
vention created a great sensation by
his denunciation of Senator Butler,
and was crushed by the latter, repeat
ed in the Populist convention Wednes
day his attack and met the same fate.
Skinner was pn the platform commit
tee, which had a five hours’ session.
The report of committee, indorsing
Bryau and directing delegates to vote
for him, was read after an appeal had
been made by Congressman Souther
land,"of Nebraska, that North Carolina
Populists stand firmly by Bryan. Skin
ner suddenly rose and presented a
minority report like a bombshell. He
cried out:
“Do you want Bryan for presi
dent?”
The first cry was “No!” Then came
“yes,” and some cheers and a shout,
'yes, if he accepts our nomination
first.”
“Then,” said Skinner, “if you are
honest men you want to go by honest
means to compass his election. I don’t
want any playing politics. I think
the dishonesty and fraud of Marion
Butler at this convention is as dis
graceful as the politics played by
Democratic State Chairman Simmons.
Again I say ‘do you want Bryan?’ ”
There were again mingled cries of
“no,” “yes,” “yes,” “if he comes to
us straight.”
Skinner moved the adoption of his
minority report. It never got a sec
ond.
One delegate said Skinner was right
aud the convention wrong. He de
clared the platform would do the party
much harm.
Chairman Thompson replied to Skin
ner, while the convention cheered wild
ly. He indorsed the platform; said he
had never pandered to the Democratic
party since he left it; that if Skinner
had a grievance against Butler not to
ask this convention to settle it, but go
to Butler and settle it like a man. He
charged Skinner with failing to get in
the Democratic convention.
On motion of Thompson, the plat
form was adopted by a rousing vote.
Skinner left the stage. He said
during the day that Senators Butler
and Pritchard were playing into each
other’s hands. Senator Butler was
elected chairman of the central com
mittee by the convention.
The Populist convention nominated
the following ticket:
For Governor—Cyrus Thompson, of
Onslow county.
Lieutenant Governor—A. C. Shu
ford, of Catawba.
Secretary of State—J. B. Schulken,
of Columbus.
Treasurer—W. H. Worth, of Guil
ford.
Auditor—H. W. Ayer, of Wako.
Attorney General —H. F. Sewell, of
Moore.
State Superintendent of Education—
M. C. English, of Randolph.
Corporation Commissioners—A. S.
Peace,of Grantville, andT. J. Haschel,
of Chatham.
Commissioner of Agriculture—J.
M. Newborne, of Lenoir.
Commissioner of Labor—J. Y. Ham
rick, of Cleveland.
Judge Tenth District—J. L. With
erspoon, of Catawba.
Electors at Large—R. B. Davis, of
New Hanover, and W. D. Merrill, of
Person.
The convention instructs its dele
gates to the national convention to
vote for William J. Bryan for presi
dent.
AGED ASSAULTER CONVICTED.
J. 11. Glozier, 64 Years Old, Gets Five
Years In the Pen.
J. H. Glozier, a white mat 64 years
old, was convicted in the superior
court at Atlanta, Ga., Wednesday, of
assaulting little Lizzie May Hudgins,
aged five years. The evidence made
the affair one of the most horrible that
has ever been known in the city.
Judge John Candler sentenced the
old man to five years in the penitenti
ary. The jury recommended him to
the mercy of the court, but the judge
stated that the law did not allow any
such recommendation to be followed.
The judge said that men had been
hanged in Georgia for doing less than
Glozier had done. It had been the
judge’s intention to impose a penalty
of ten years, but in view of the re
commendation he cut it down to five.
ATLANTA. GA.. SATURDAY, APRIL 21, 1900.
TEN INDICTED
BY GRAND JURY
As Accessories To the Assassina
tiofl of Goebel.
FIVE NAMED AS PRINCIPALS.
Gov. Taylor, Captain Davis and
Green Golden Were Indirectly
Referred To In Report.
The Franklin county, Ky., grand
jury Thursday afterneon returned in
dictments against ten persons, charg
ing them with complicity in the mur
der of William Goebel. The principals
named are Hen -y E. Yontsey, James
Howard, Ben j Howard, Harland
Whittaker and “Tallow Dick’’ Combs,
colored. Those indicted as accessories
before the fact are Secretary of State
Powers, Captair John L. Powers and
ex-Secretary of State Charles Finley,
W. H. Culton and F. Wharton Golden.
In the indictment relating to the
alleged accessories three other men are
indirectly referred to as accessories,
though no indictments were reported
against them. They are Governor W.
S. Taylor, Green Golden and Captain
John Davis.
Henry E. Youtsey, who is mentioned
as the first principal, was a clerk of
office of State Auditor Sweeney.
Youtsey was the first named in the
case by Whartefc- Golden, the star wit
ness for the prosecution ax the exam
ining trial of Caleb Powers. Jim and
Berry Howard are cousins and moun
taineers of note in connection with the
old Howard feud. They were with the
men alleged to have been brought here
by the Powers brothers and Finley
and others on the “excursion of moun
taineers.”
Harland Whittaker lived in Butler,
Governor Taylor’s home county, and
is alleged to have been in the room in
the executive building from which the
shot was fired.
Dick Combs, the negro, lived at
Beattyville, and also visited Frankfort
with the mountain men Caleb Powers is
the Republican contestee for secretary
of state aud John L. Powers, another
of the defendants named as an acces
sory, is his brother.
Charles Finley was secretary of state
under the former Republican state ad
ministration when W. O. Bradley was
governor. Charles Finley is now in
Indianapolis, having gone there just
before the warrant charging him with
complicity was sworn out six weeks
ago. W. H. Culton was also a clerk
in the office of Auditor Sweeney.
Wharton Golden was a member of
the Taylor state guard and claimed to
turn states's evidence on the stand in
the examining trial of Caleb Powers,
when he recited what he claimed to
be the inside facts relating to the al
leged conspiracy to murder Goebel
and enough of the Democratic mem
bers of the legislature to give the Re
publicans a majority. It is stated that
the commonwealth will at once nolle
prosse the indictment against Golden
in consideration of his testimony.
Bench warrants will be sent to Clay
and Harlan counties for the arrest of
Jim and Berry Howard. It is not
known what plans the officers have for
bringing into custody the others who
have not been arrested.
GOVERNORS AGREE.
Tennessee and Virginia Boundary Dis
pute Will Soon Be Settled.
Governors McMillin of Tennessee,
and Tyler of Virginia, reached an
agreement at Washington Tuesday ar
to the settlement of the boundary dis.
pute which has long existed between
the two states.
The conference, including the gov
ernors and attorney generals of both
states had been iu progress two days.
The agreement is that each of the
governors will select a member of the
United States geodetic survey; that
these two will again select a third
commissioner from some state other
than Tennessee or Virginia, aud that
the three will mark out the new line
which would be ratified by the court
as the true boundary.
A BRIEF MESSAGE
Transmitted to Congress By the
President Relating to Govern
ment of Porto Rico.
The president sent to congress
Wednesday the following message:
“Thn time remaining before the
first of May when the act of April 12,
1900, entitled ‘an act temporarily to
provide revenue and a civil govern
ment for Porfo Rico and for other pur
poses’ will take effect, appears to be
insufficient for the careful inquiry and
consideration requisite to the proper
selection of suitable persons to fill the
important civil offices provided for by
the act. The powers of the present
government will cease when the act
takes effect and some new authority
will be necessary to enable the officers
now performing the various duties of
civil government in the island to con
tinue the performance of those duties
until the officers who are to perform
similar duties under the new govern
ment shall have been appointed and
qualified.
“That authority cannot well be
given at present by temporary ap
pointments of the existing officers to
positions under the act, for the reason
that many of the existing officers are
officers of the army, detailed to the
performance of civil duties, and sec
tion 1222 of the revised statutes will
prevent them from accepting such tem
porary appointments, under the pen
alty of losing their commissions. The
selection of the new officers and the
organization of the new government
under the new act will be accomplish
ed with all practical speed, but in or
der that it may be properly accom
plished, I recommend the passage of a
joint resolution to obviate the difficul
ty above stated.
“William McKinley.”
To carry into effect the president’s
message, Mr. Foraker, chairman of
the Porto Rican committee, introduced
this resolution:
“That until the officer to fill any
office provided for by the act of April
12, 1900, entitled ‘an act to tempora
rily provide revenue and civil govern
ment for Porto Rico and for other
purposes,’ shall have been appointed
aud qualified, the officer or officers
How performing the civil duties per
taining to such office may continue to
perform the same under the authority
of said act, and no officer of the army
shall lose his commission by reason
thereof; provided, that nothing herein
contained shall be held to extend the
time of appointment and qualification
of such officers beyond the first day of
August, 1900.”
On motion of Senator Foraker the
resolution and the president’s message
were referred to the committee on
Porto Rico.
ADDITIONAL DOCUMENTS
Regarding Philippine Affairs Sent
to the Senate By Presi
dent McKinley.
In further response to the senate
resolution of January 17th
president Wednesday sent to the sen
ate additional documents bearing upon
the insurrection in the Philippines.
The papers are all important. One
of them is the report of Colonel Armas
Blanco, of the Philippine army, to the
“general commanding the second
zone” of the events of February 2,
1899, in Tondo. He says that on hear
ing the alarm of fire he immediately
ordered twenty men who gathered to
hold themselves ready, “so that when
the designated hour arrived they would
be ready to go to Meisic, where the
American barracks are and set on fire
the houses about there in order to in
terfere with their coming out from the
barracks, as was agreed upon in the
meeting with D. Rosend Limon.
The result was that on marching to
the scene of operations we found the
Calzada of Azcarraga was filled with
the Americans and with them were a
number of country people who cried
out, ‘brothers, to the strife, for now is
the hour.’ This is what men were
saying to that crowd, and at the proper
time the call of our army ‘advance and
fire.” The sight of that strange scene
threw us into confusion, for we be
lieved all that we had prepared from
the beginning as well as what we saw
was prepared by the enemy and his
spies.” He then ordered a retreat and
when they met the Americans the col
onel says the latter gave his forces
two volleys.
NO. 43.
SULTAN MUST
PAY THE DEBT
Indemnity of $100,009 Demanded
By the United States.
DESTROYED MISSION PROPERTY
The Turk Breaks His Promise and
Now Minister Straus Predicts
Serious Complications.
A special to the New York Trib
une from Washington says:
“The United States charge d’affairs
at Constantinople will be directed to
inform the sultan that this govern
ment must insist on the payment with
out further delay of 8100,000 indem
nity for outrages on American mission
aries and destruction of their property,
unless prompt action on the sultan’s
part anticipates the ultimatum and
the debt is discharged before resort is
made to drastic measures.
“Several courses have been urged
on the president for the collection of
the 8100,000 indemnity, which is ad
mitted by the sultan to be due to the
American missionaries. Consideration
has been given to a proposition to seize
the port of Smyrna and administer its
customs revenues until the judgment*
' and expenses of collection are cancell
ed. The course has not been wholly
abandoned in the remote contingency
that satisfaction is indefinitely de
i layed.
• “It involves serious complications
in the Mediterranean, for which the
United States is extremely reluctant
to assume responsibility for the recov
ery of so small amount at the present
time. It might precipitate war through
Turkey sending some of its antiquated
warships to Smyrna to resist the tem
porary American occupation. In that
event the necessity for sending a large
i fleet to the Mediterranean would create
alarm among the powers and disturb
• I the delicate equilibrium now existing
in Europe.
“Under the circumstances it has
been determined to exhaust all re
; sources of peace with confidence that
: the sultan will be brought to under
| stand that his promises cannot be
, lightly broken.
“The proved claims against Turkey
include about 8300,000 for the destruc
tion of property alone. To these,
; which admitted practically of no dis
[ pute, there was added the Lentz claim
of 840,000, which was presented to Sec
i retary Olney.”
The New Y’ork Herald contained the
: following in Thursday’s issue: “Oscar
' S. Straus, minister from the United
, States to Turkey, is at his home in this
1 ■ city. It is understood that he is to
>' remain here until the claim in dispute
■is settled.
i \ “When Mr. Straus found that the
sultan, despite his personal pledge to
s ; pay the claims, which had, at his so
i i Jicition, been reduced from more than
> 8300,000 to SIOO,OOO, was bent on
I continuing his policy of delay, he sent
a dispatch to Washington, relating tire
facts of the negotiation and offering
his immediate resignation. The re-
>I. signation, if accepted, would have
been tantamount to a direct challenge
; to the sublime porte.
■ j “The administration was not pre-
> \ pared, however, to take such a posi-
tive step and asked Mr. Straus to per
i mit Iris resignation to remain unacted
i upon, and to retire from Constantino
ple until the affair might be adjusted
i amicably or by firm pressure upon the
■ sultan. It is understood, therefore,
i that the absence of Minister Straus
i from Constantinople is notice to the
[ sultan of the displeasure of this coun-
C try. Mr. Straus says:
s “I regard the situation grave unless
■ the sultan promptly makes good his
I | promises. The sultan has made the
> | promise to pay the indemnity three
j times. I conducted the negotiations
i \ through all the stages of diplomacy
aud spared no effort to avoid friction;
i but I impressed upon the sultan that
I our governnment relied upon the
■ prompt fulfillment of his promises,
i which good faith no less than good re-
’ lations demanded.”
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