JUDGE JOHN McCLURE, L"'lo Rock
SIGNIFICANT DECISIONS OF THE SUPREME COURT OF ARKANSAS SpollSored by The Arkansas Supreme Court Historical Society, illc. Brook, v. Page (May 7,1874)
By L.
SCOTI STAFFORD
During its 160-year hiscory me Supreme Court of Arkansas has issued a number of controversial decisions. One such decision-Brooks v. Page--proved so unpopular that it led within weeks co the removal from the bench of every justice who had joined in the 0pullon. The decision grew out of the gubernacorial election of 1872. The Republican Parry had gained control of Arkansas state government in 1868 in me wake of the congressional Reconstruction Acts, but after four years in power the Republicans had split into (\vo factions. The regular wing of me parry nominated Circuit Judge Elisha Baxter for governor. A group of Reform Republicans named a ticket headed by Joseph Brooks. Rather than nominate a candidare, the Democratic state committee endorsed Brooks, and most Democrats who were eligible to vote probably supported Brooks. Baxter was declared the winner and sworn into office in January of 1873, but Brooks contested the election in several forums including me federal courtS, the General Assembly, and the state couns. The matter seemed settled
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in June of 1873 when the Arkansas Supreme May 4, 1874. Justices John Bennett, Court refused to issue a writ of quo Elhanan Searle, and Marshall Stephenson warranto that would have forced Baxter to immediately set out for [he capital, but when their train arrived at Argenta Station prove his right to the governor's office. By rhe spring of 1874, however, many on me north side of the Arkansas River, an regular Republicans had become armed detachment of Baxter mi.litia disenchanred with Baxter after the governor kidnapped Bennett and Searle. The Baxter appointed a number of Democrats to public forces did not recognize Stephenson who office and refused to back legislation for the escaped to Little Rock, bringing news of the relief of me railroads. Following his defeat abduction of Bennett and Searle. The twO in the quo warranto action, Brooks had filed kidnapped justices were taken to Benton an election contest in PuJaski Circuit Court, and held prisoner until May 5, 1874, when but no action had been taken in the case they managed to escape. On May 7, 1874, after Baxter had filed a demurrer. On April four of the five members of the court issued 14, 1874, Circuit Judge John Whytock, a an opinion holding that Whyrock's decision regular Republican, set a hearing on Baxter's made Brooks the governor. The opinion demurrer without advising Baxter's was immediately forwarded to Washington, anorneys. The following day Whytock but in the meantime Baxter had managed to overruled the demurrer and issued a assemble a quorum of the General judgment declaring that Brooks was the Assembly, which endotsed him as governor. On May IS, 1874, President Gram governor of Arkansas. Brooks, accompanied by armed men, proceeded to the state settled the contest in Baxter's favor after the capitol and ejected Baxter from the United States Attorney General issued an governor's office. Over the next few weeks opinion concluding that the Arkansas armed supporters of both candidates poured constitution vested the legislature with the exclusive power to determine an election inro Little Rock. Both sides appealed to Presidem Ulysses contest for governor. The attorney general's S. Grant for support, but the president opinion curtly dismissed the Arkansas announced that the matter should be setrled Supreme Court's "made up" decision in by either the Arkansas legislature or the Brooks v. Page, which, according to the Arkansas couns. The General Assembly was atrorney general, "was submitted to judges known to favor Baxter, but four of the five virtually pledged to give the decision members of the supreme court were from wanted.... " On the same day that news of the the regular Republican wing that now supported Brooks. Baxter issued a caU for a president's decision reached Little Rock, speciaJ session of the legislature, while three of the supreme court justices-Brooks searched for a way to secure a McClure, Bennett, and Searle--Ieft town. supreme court's ruling that he was the legal Four days later Stephenson resigned and also After declaring Baxter the governor. Affirming Whytock's judgment left town. would have taken roo long, so Brooks governor, the General Assembly remained in created a case or controversy for direct session long enough to impeach McClure, submission to the high court. Both the state Bennett, and Searle, and enact legislation auditor, Stephen Wheeler, and the state suspending all three from office. The treasurer, Henry Page, were in Brooks' camp adoption of a new constitution in October and willing to cooperate in creating a of 1874 ended the terms of the three controversy. Brooks requisitioned $1,000 to impeached justices before they could be pay the COSt of his milida. Wheeler issued a . brought ro trial in the senate. In November state warrant for that amount, which Page 1874, a new supreme court formed under obligingly refused to pay, citing uncenainry the Constitution of 1874 unanimously as to who was governor. Brooks then filed repudiated Brooks v. Page, and the opinion an originaJ action in the supreme coun was omitted from the official Arkansas asking the court for a writ of mandamus Reports. For a more detailed description of the ordering Page to pay the warrant. Since the Court had recessed in February role of the Arkansas Supreme Court in the and was not scheduled to begin its next term Brooks-Baxter War, see Scot( Srafford, until June, all members except Chief Justice Judicial COllp D'Etat: Mandamus, Quo John McClure, a longtime nemesis of 11. . . . . IIIcIIIl •• Baxter, were out of the city. McClure Continued on page 53 summoned the other justices to convene on