The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-09-23

Frankfort, Ky, Sept 22-All the
members of the Democratic congress
sional district committee arrived and a
meeting was held at noon to canvass
the returns. w. C. Owens is here with
a big delegation of friends. Colonel
Breckinridges interests were looked
after by his law partner Colonel John
T. Shelby, and large delegation of
prominent men.
A protest against Chairman Mcleod
voting, and a decision of Chairman
| Carroll, of the state committee, that
Mcleod could vote only in case of a
| tie was filed in behalf of Breckenridge.
The following communication from
Colonel Breckenridge was received,
read and ordered filed:
Parting Shot
''To the Democratic Committee of the
! Seventh Congressional District:
Under the statutes of Kentucky and
4 the order of this committee, you are
duly authorized and constituted the
governing authority empowered to
count the votes received by the candi-
dates in the primary election of Sep
!
date receiving the highest number of
votes the nominee of the Democratic
party in this district, and you alone
| have the power to determine upon the
| form and manner of the proceedings
you will take to discharge this duty.
| In case of a contest, you and you
alone, have the power to hear and
determine such contest and decide
who shall be entitled to the nomina-
ton, and you owe to the Democratic
party of the district and to your sense
of right that the duties imposed upon
you shall not be performed by any
one else, nor shall they be encroached
upon You and you alone have the
power to prescribe what political quail
| fications shall be possessed hn such
legal voters as reside within the dis
| trict and desire to participate in that
| primary, and you and you alone, have
the right to determine whether the
rules laid down by you, and in which
were necessarily Incorporated the pro-
visions of the state, have been COM
piled with.
A Duty Performed.
"I deem it a duty owe to the Demo-
cratic party of the district, to my
friends and to myself, to state the prin-
| ciple and protest against any action OF
any Judge, county committee, or pri-
vate individual which encroaches upon
your exclusive jurisdiction, so that
whatever has been done in the primary
may not be held to be a precedent to
be. used hereafter for the want Of an
open and formal protest against it.
II formally protest against the action
| of the judge of the Fourteenth judicial
district in the issue of the eXtraordin-
airy order in the case of W. e. Sims
and others versus others. This COM
i
certain rules. The plaintiffs waited sun-
til the afternoon of Friday, the 18th,
having had ample time to take such
i steps as they deemed necessary and
| give proper notice to me or to the NOM
| inal defendants, so that a hearing
might have been had. This delay was
known to that judge, and was of itself
cause for refusal to issue any restrain
ling order But I, as we'll as the nomin-
| al defendants, lived near enough for
notice to have been given of the appli-
cation for the restraining order, so that
jthe judge might pass upon it after a
hearing, and with the opportunity af-
forded to present reasons against it
and the issue of the so-caIled temper
airy injunction, which under the cir
cumStances was equivalent to a final
and permanent one, and the setting of
the hearing Of my application for it's
dissolution or modification for a date
six days days after election, when it
would already have accomplished its
purpose, is such an extraordinary abuse
iof the discretion lodged in a judicial
officer, even if that officer has jurisdic-
ition and the order were one which ON
hearing might properly have been is
sued, that it ought not to pass without
attracting universal attention and re-
lce1V1ng unanimous condemnation; and
when 1t is remembered that this Judge
has been for many years my bitter per-
sonal enemy, permitting and participat-
ing IN malignant attacks upon me in
many parts of the country and was
also my heated political enemy. his-ac-
ton becomes the more extraordinary.
A Contest JustifiabIe.
This action of itself would Justify
me in making contest and justify this
committee in refusing to declare the
beneficiary OF such conduct the nom
inee of the party. I also deem it nv
duty to solemnly avow that have not
the shadow of a doubt that 1 have re-
lceived as against William c.. Owens. of
Scott county. majority of the legal
Democrats votes of this district, and
| that am legally entitled to be declar-
| ed the nominee of the Democratic par
tv in this district.
THE inexplicable increase in the
votes of this primary over the vote
cast in 1892 would be sufficient reason
| to require Of this committee an inves-
| tigation.
II amend to this a comparative table
iof the votes cast for Mr.. Cleveland and
myself in 1892 and for governor in 1891,
in the eight counties constituting this
district. and the vote cast at the re-
cent primary. showing an apparent in
crease of $500 votes. And this increase
lis mainly in the counties of Fayette,
Franklin and Scott. The increase in
THE county of Franklin. which is nearly
1873 per cent. accounts for the plurality
received by my competitor in that coun-
tv as does the increase in the county
of Scott. which is about 80 ger cent, ac-
count for the majority received in the
county of Scott. and the almost, but
not quite. so miraculous increase in the
county of Woodford. explains the ma
iority received there.
But under all the circumstances,
do not feel called upon to make for
NAL contest or to oppose the declara-
ton of his nomination upon the face
Iof the returns. / accept the result in
this election rather than enter upon a
contest. which. in my Judgment, would
result IN the election of a Republican
lin this district. l have not the slight
lest doubt that the contest would re-
jsult in the declaration of my nominal
4