 Whereas the majority opinion wholly ignored the proceedings of the General Assembly as irrelevant ( the court lacking jurisdiction ) and Brewer and Brown affirmed them , Harlan excoriated the legislature in his dissent . " Looking into the record before us , I find such action taken by the body claiming to be organized as the lawful legislature of Kentucky as was discreditable in the last degree and unworthy of the free people whom it professed to represent . ... Those who composed that body seemed to have shut their eyes against the proof for fear that it would compel them to respect the popular will as expressed at the polls . " He also expressed disbelief at the majority opinion : " [ T ] he 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 . ... I cannot believe that the judiciary is helpless in the presence of such a crime . " 
