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

Court. This was denied, but the Secre-
tary consented to furnish contestant
copy Of the record. '"t''''
The Committee then adjourned sine
die. w. X. BARNES,
Chairman, and Committeeman of the
County of Breckenridge and Member
ofContesting Board. pm H1gh -sil
EH I3 CLARENcE G. STERRETT,
Secretary, and Committeeman from the
County Of Hancock and Member OF
Contrasting Board. la1 HH.
FL. McAULIFFE,
Committeeman from the County Of
Meade and Member OF Contrasting
Board. 1uH 'i
1u MAJORITY OPINION. I 5HI
Gus W. Richardson Majori'yRepor
III A. ]. Gross. De nocracy.
II is the opinion Of the contesting board, Mr..
n. j: McAuliiie, 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
as result of the irregularities changed the re-
suit Of the election was obtained by the coDtestee
and that its result would have been otherwise
had there been none of the IRE gularties charg-
ed, and failing to allege that the popular VIII
has not been expressed or subvertcd or that
voters had been deprived OF their franchise or
choice. II Is the opinion, of the board that the
deinurres, both general and special, should be,
and they are hereby sustained.
Mr.. McAuliffe concurs in the opinion and
Judgment as to the seventh ground Of contestant
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 4
y" - w sP"if.u. 3Hw. X. BARNES,
Chairman and Committeeman of the County of
Breckenridge and member of the contesting
board. .t.Il
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 1t is confess
ed by the contestee that, in the primary election
heidi in the Tenth Senatorial district of Kentucky
on the I'D day of September, 1893, for the pur-
pose of nominating Democratic candidate for
State Senator, the voting was not by such ballots
law requires and that consequently the said
primay election was not by "secret official bal
lot" The constitution and the statue of the
state provide that such elections shall be by
"seeret official ballot This provision of the
Constitution and those provisions of the statue,
which carry 1t into effect, are mandatory. Sec
reey is the vital principle of present election
laws and this committee should not in my opin-
ion violate the mandatory provisions above mem
toned: because suen ACTON would pe 70 Ihe con
Aforesaid primary. 1t Is in my Splni91n the duty
have it held by "seeret official ballot" and in
viii not aisfranehise any voter It would cause
some little lnoohyen n t ana lroSoe put tS
construction upon the statue as will violate the
Come come, precedent to encourage the practice of
& sna See
designed to prevent and abolish. Therefore,
am compelled and to state my honest belief that
THIS elee.lGn shpSld DC Sc. ASIDE aba anotnef
held by "secret official ballot" and in all other
'''p'''' 40 i"O'iD'1 y Ell. McAuL1FrE,
,s. ta Member from Meade.
AMENDED NOTICE
In matter of Gus. w. Richardson, contestant,
n-fF VS. hH t.-
A. !. Cross. contest a.. wv pt...x,.on
amends the first ground of his notice OF contest
herein and says the ballots used in said election
were 50 than tnst W., %neH s.aPea ana lGidea
10y ion or anv other person who NAV have been
present when the voter cast his ballot, could see
and know, and did see and know for whom the
F. p. SrRAUs,
tB 1H CHAPEzE MArnEN,
ul For contestant richardson
FINAL JUDGMENT OF THE BOARD OF CONTEST.