The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1873-08-15

TnE contest for the State Senate in
the Lexington district between the Hon.
Ed. Woodbridge and the Hon. VIM. c.
Goodlpe, has been carried from the bal
lot-bcx 10 court ofjustice. The spirit,
il may be rancor, which Is now develop
ing itself between the two gentlemen and
their respective adherents, is beginning
10 excite public attention throughout
the State; while several newspapers are
taking ground according either TO their
convictions Of right or personal prefer
ence.
If Woodbridge In good faith considers
that he is fairly elected, his course in APP
plying for 4 mandamus to compel the
sheriffs Of Fayette, Jessamine and
Wocdfbrd counties 10 issue to him GER
tifcate Of election, is to be especially
commended and this, Notwithstanding
the Senate is the Judge Of the quali6ca-
tians, elections pnd returns Of its own
members. II the mandamus be grant
ed, the result will be that the burden Of
the contest will be thrown upon Goodloe,
and indeed II the history Of the case has
been correctly presented by the papers,
we can no: see how the application can
be denied. The examining board for
Fayette county, in comparing the poll
books Of that county, threw out the poll
of fourteen Of the fifteen precincts on
account of informalities. These inform
alities we're Of a serious character some
consisting in the failure Of the officers of
the election to certify that the poll books
showed a correct list of the votes, and
Others in the failure of the officers to
make any certificates whatever. This
being done the board Of examiners GER
tilted the result of the race in the re-
naming precinct, and this precinct A.
lone, by virtue of which it was made to
appear that Woodbridge was elected in
the Senatorial district. The Revised
Statutes provide, that when two or more
bounties vote together in the choice OF a
Senator, the sheriffs of the respective
counties shall, on the first Monday after
the election, assemble in the clerks of
fee of the county first mentioned in the
Senatorial district, compare the certifi-
Gates Of the examining boards ofthe sew
eral counties, and, tterefrom, give tripli-
cate certificates of election of the person
who appears to have received the highest
number of votes. Now from this it is
plain that the sheriffs are charged mere
ly with the duty of ascertaining a math-
ematcal fact-a duty which is simply
ministerial. This fact must be ascertain
ed from one certain source and no other,
viz the certificates of the examining
boards of the respective counties. They
can not 60 behind the certificates Of,
nor can they inquire into the motives or
purposes of, such boards, nor the data
upon which they based their Judgment.
The examining boards possess higher
power than the assembly of sherias. In
some sense, they possess judicial discre-
ton; bnt the sheriffs possess no discre-
ton nor power other than b. compare
certificates Of the examining boards and
ascertain therefrom mathematical fact.
Inasmuch as the sheriffs of Fayette and
Jessamine proposed To go behind the ac-
ton of the Fayette examining board, it
was proper that temporary injunction
should be issued, restraining them from
such course of action, until the question
for mandamus should be heard and de-
termined. If these sheriffs were in any
sense judicial officers. that is. If they
were authorized or permitted To exercise
any judicial discretion. mandamus,
when issued, could only compel them to
act but being merely ministerial, the
mandamus will not only compel them to
act, but direct them ho,o to act. Upon
the supposition that this writ should be
issued, commanding the sheriff. to give
to Woodbridge a certificate of election,
the contest. IL Goodloe should see prop
er to carry il farther, would be thrown
into, and ultimately determined by, the
Senate. The power of the Fayette Cir
cult Court. in determining the questions
arising upon the application for mand-
anus, is restricted to an inquiry into
the power Of the sheriff. to 20 behind
theaction of the examining board of Fay
cite county; while the Senate, or the
board Of members for determining the
contest, is not 50 restricted in its power
and discretion. Here in this body. and
before this eontesting board, If Goodloe
shall be able to demonstrate by the
weight Of testimony, that he is the le-
gally and duly chosen member to that
branch Of the Legislature, he will surely
be admitted to his seat. And even should
he make il appear that he received the
highest number of votes in the district,
but that such votes, or part of them,
were rejected by the examining board of
Fayette county. by reason ofa few tech
nicalities of no special importance, he
will. in such event, we venture say, be
declared the Senator from the Lexington
district. We have the confidence in the
Democratic Senate Of Kentucky. to say,
that is members will not suffer them