The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1893-09-27

Court. This was denied, but the Secre-
tary consented to furnish contestant a
copy of the record,
The Committee then adjourned sine
die. w. X. BARNES,
Chairman, and Committeeman of the
County of Breckenridge and Member
OF Contrasting Board.
CLARENCE G. STERRETT,
Secretary, and Committeeman from the
County of Hancock and Member of
Contesting Board.
+. j. MCAULIFFE,
Committeeman from the County OF
Meade and Member of Contrasting
Board.
MAJORITY OPINION.
Gus W. Richardson, Majori'yReport
A. ]. Gross. } DE nocracY.
II is the opinion of the contesting board, Mr..
II. ]: McAulifie, dissenting except as to the seven
ground of contest, that the grounds Of contest as
contained in the notice only charges violations
of the directory provisions of the statute and the
contestant failing to charge that by reason, and
a result of the irregularities changed the re-
suit Of the election obtained by the contestee
and that its result would have been otherwise
had there been none of the irregularities charg-
ed, and failing to alege that the popular will
has not been expressed or subVerted or that
voters had been deprived OF their franchise or
choice. II is the opinion of the board that the
demurres, both general and special, should be
and they are hereby sustained.
Mr.. McAulihe concurs in the opinion and
judgment as to the seventh GROUNDED contest and
holds the contrary view as to all the other
grounds which Is given in dissenting opinion
The contestant is permitted to so amend his
charges as to conform to the requirements OF the
law as we regard II. ..
Chairman and Committeeman of the County Of
Breckenridge and member OF the contesting
board.
Secretary and Committeeman from the County
of Hancock and member of the contesting board.
DISSENTING OPINION OF F. J. MCAULIFFE.
For the purposes of the demurrer II is confess
ed by the rontestee that, in the primary election
held in the Tenth Senatorial district OF Kentucky
on the I'D day of September, 1879, for the pur-
pose of nominating Democratic candidate for
State Senator, the voting was not by such ballots
as section " of article of the Kentucky election
law requires and that consequently the said
primay election was not by "secrct official bal
lot" The constitution and the statue of the
state provide that such elections shall be by
"secret official ballot THIS provision Of the
Constitution and those provisions of the statue,
which carry i into effect, are mandatory; Sec
recy is the vital principle of present election
laws and this committee should not in my opin-
ion violate the mandatory provisions above men
toned: because such action would be to the con-
venience of the voters who participated in the
aforesaid primary. 1t is in my opinion the duty
of the committee to order another election and
have It held by "secret official BALLOT and in
other respect as provided by law. This course
will not disfranchise any voter. II would cause
some little Inconvenience and trouble, but the
committee should not for this reason place such
a construction upon the statue as will violate the
spirit OF the Constitution and the statue and be-
come a precedent to encourage the practice of
corruption. bribery and Intimidation, which both
the statute and the constitutional provision were
designed to prevent and abolish. Therefore,
with all due respect to my learned colleagues,
am compelled and to state my honest belief, that
this election should be set aside and another
election ordered by the governing authority, and
held by "secret official ballot" and in all other
respects provided by law.
+. ]. MCAULIFFE,
Member from Meade.