Show IT IS FINAL No Appeal FIom Lis1ative L tfniiinir ill jj the Km tlmky Contest I I OPfNION IS RENDERED I Court of Appeals Decides in 1 Favor of Democrats I 1 I II I ONLY ONE JUDGE DISSENTS I Six Others Two of Them Ropubll cans Hold thaI the Action of tho legislature in Seating Gov Beck ham was Final and that the Cotirto j Havo no Power to Review ItTwo of the Jurists Burnani and Gully Dissent from the Reasoning of the Democrat but Their Conclusion Aro the Same No Matter if tho 1 legislature Deprived Gov Taylor of His Office in Heat of Partisan Partsnn Anger no Appeal is Piovided Case Will be Carried Dp to the TJ S Supreme Court I Frankfort Ky April GThe Court of Appeals today handed down n decision de-cision in the Governshlp case In favor of the Democrats The opinion la J by 1 HK of the Judges four Democrats and ant two Republicans ONE 11EPUBLICAX DISSENTS One Republican Judge Durcllc was I the only Judge dissenting The other two Republican Judges Burnam and Gut a gave a separate opinion from llie Democratic Judges but which agreed with the Democratic members in Its concU slonu 1i4 10C the opinion of the court The concurrence of Judges Burnam and Guffy with tin four Democratic Judges was a surprise generally but to the Republicans especially WHAT OPINION HOLDS The opinion holds that the action oC the Legislature In seating Gov Beck barn was llnal and that the courts have no power to reverse II that Gov Taylor exceeded his authority In adjourning ad-journing the Legislature to London and that the journals of the two houses of the Legislature being regular cannot can-not b Impeached JUDGE BURNAMS VIEW Judges Burnam and Gutty Republicans cans while concurring In the decision of the court dissented from the rca Boning Judge Burnams opinion said It Is hard to Imagine a more flagrant and partisan dlsregnrd of the modes of procedure than Is made manifest by the facts alleged and relied on by con testees and admitted by demurrer and I am firmly convinced from admitted facts that the Legislature In tho heat of anger engendered Intense partisan excitement and have done two faithful conscientious and able conscientous public serants an Irreparable Injury In depriving them of the ofllce to which they were elected and a still greater wrong to the large majority of the electors who voted 1 del tlifllcult circumstances to elect these servants LEGISLATIVE FINDINGS FINAL But we are met at the threshold with the contention that the courts of the State under the Constitution have no power to go behind the legislative Journal and revIew the Judgment of the Assembly in the proceedings over which they arc given by the Constitution Constitu-tion conclusive Jurisdiction and from I whose determination of the question TIG appeal is provided I have been lod with some reluctance to U1 con elusion and not without some mlsglv Jnffs us to Its correctness that there Is no power In tho courts of the State to revliw the findings of the General As utjmly In a contested election for the ofllceH of Governor and Lieutenant Governor as shown by its only authenticated authen-ticated records Many questions have S bem raised and discussed by counsel I for the appellants but it will bo unnecessary un-necessary to consider them In view of the conclusion we have reached on this S fundamental question Thirty days must elapse before the mandate of the Court of Appeals In I accordance with todays decision Is 1s KUrd Meanwhile no radical change In the relative positions of the two Slate Governments Is expected WILL APPEAL THE CASE KxUov W O Bradley chief counsel for Gov Taylor tonight authorized the Tr Statement that ail appeal on behalf or Oov Taylor and LleutGov Marshall v ill be carried to the Supreme court of 4 tho United States Mr Bradley and Judge Y H Yost counsel far the Republican Stale oil CArt were in consultation with Gov Taylor for poveral hours this afternoon and the above statement Was made at thC close of the conference I Is stated that Col W i P Brecklnrldge and Republican leaders from different parts 1 of the State will moet Taylor In con i renco here tomorrow morning I NOT DISHEARTENED I EGo Bradley aid We will not I lake advantage of a technicality to de i lay the progress of the case The decision de-cision of the Court of Appeals Is not t disheartening to us We will ask for a writ of error to the Supreme court at once and tho ronl8ts will now be at an end in a very short time |