 On April 6 , 1900 , the Court of Appeals upheld Judge Field 's decision by a vote of 6 – 1 . The majority opinion held that an elected office is not property and thus not subject to the protections guaranteed in the Fourteenth Amendment . As a creation of the Kentucky Constitution , the court held , any elective office is conferred and held only subject to the provisions of that constitution . This put the matter beyond the reach of any judicial review , according to the court . 
