 Republicans claimed that Taylor 's suit , by virtue of having been filed two hours before Beckham 's , gave the case precedence in Louisville . By mutual consent , the parties consolidated the suits , which were heard before Judge Emmet Field in Jefferson County circuit court . Both sides knew that Field 's decision , whatever it might be , would be appealed , but both agreed to abide by the outcome of the final court 's decision . The case was heard on March 1 and 2 , 1900 . Taylor 's attorney 's contended that the General Assembly had acted in a quasi @-@ judicial manner , violating the principle of separation of powers . Further , because the contest committee 's report did not specify how many votes were invalid , Republicans argued that all 150 @,@ 000 votes cast in the contested counties had been invalidated by the General Assembly 's vote , and consequently , the voters of those counties had been illegally disenfranchised . The most the Assembly should have been able to do , they claimed , was to invalidate the entire election . Finally , they contended that the alleged illegal activities of the General Assembly had deprived Taylor and Marshall of their property rights – the " property " in question being the offices they claimed – and their liberty to hold an elected office . Attorneys for Beckham contended that legislative actions historically had not been subject to judicial review , and indeed were not subject to such under any provision of the state constitution . 
