The herald., 1894-09-23
BLATANT BRECKENRIDGE,
He Accepts Defeat Under
Protest,
But Pledges Support to the
Nominee.
Official Canvass of the Returns OF
the Election.
Owens Unanimously Declared to be tho
Nominee-A Handicap Placed
on Him but Quickly
withdrawn.
By the Associated Press.

BY the Associated Press.
FRANKFORT. KY, Sept. 22.-All the
m lem bers of the Democratic congress
sional district COMMITTEES were present
at the meeting held today to canvass the
returns Of the primary election held last
Saturday. w. 9. Owens WAS present
with his delegation of friends. Colonel
Breckinridge's interests were looked
after by his law partner, Col. John I.
Shelby. and large delegation OF promi-
nent men.
BREcKINRIDaE's PROTEST.
A protest against Chairman Mcleod
voting, and decision of Chairman Car
rol OF the state committee, that Mcleod
could vote only in case of tie, was filed
on behalf of Breckinridge. The follow
ing communication from Colonel Breck-
inridge was received, read and ordered
filed:
To the Democratic Committee OF the seventh
Congressional District.
Under the statutes of Kentucky and
the order OF this committee, you are duly
authorized and constituted the govern
ing authority empowered to count the
votes received by the candidates in the
primary election OF September 18th. and
to declare the candidate receiving the
highest number OF votes the nominee OF
the Democratic psrty in the district,
and you alone have the power to deter
mine upon the form and manner OF the
proceedings you will take to discharge
this duty. In case OF contest, you. and
you alone, have the power to hear and
determine such contest and decide who
shall be entitled to the nomination. and
! you owe to the Democratic party OF the
district and to your sense OF right, that
be performed by any one else. nor shall
they be encroached upon. You, and
you alone, have the power to prescribe
what political 9usli ifications shall DO pos
eessed BY such legal voters az reside
within the district and desire to partic.
pate 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 provisions of the state law, have
been complied with.
deem it my duty owe to the Demo
cratic party OF tho district, to my friends
and to myself to state the principle and
protest against any action OF any Judge,
county committee of any county or any
private individual which encrosches or
attempts to encroach upon your exclus-
i've jurisdiction, 80 that whatever has
been done in the primary may not be
held precedent to be used hereafter for
the wall of an open and formal protest
against it.
formally protest against the action
OF the judge of the Fourteenth judicial
district in the issue OF the extraordinary
order in the case OF W. E. Sims and 9th.
ers We. others. This committee met
September 9Th and adopted certain rules.
The plaintiffs waited until the afternoon
OF Friday, the 14th. having had ample
time to take sach steps as they deemed
necessary and give proper notice to me
or to the nominal defendants, go that a
hearing might have been had. This de-
lay was known to that Judge, and WAS of
itself cause for refusal to issue any re.
straining order. But l, as we'll as the
nominal defendants, lived near enough
for notice to have been given OF
the application for the restraining
order, so that the judge might pass upon
it after hearing and with the oppor-
tunity afforded to present reasons
against it and the issue of the so-called
temporary injunction which, under the
circumstances, was equivalent to final
and permanent one. and the setting of
the hearing OF any application for its
dissolution or modification for date six
days after the election. whom it would
already have accomplished it's purpose,
is such an extraordinary abuse of the
discretion lodged in q judicial officer.
even if that officer had jurisdiction and
the order were one on which hearing
might properly have been issued, that
it ought not to pass without attracting
universal attention and receiving unani-
nous condemnation; and when il is re-
mem mbered that this judge has been for
many years my bitter pereonal enemy,
permitting and participating in malig-
nant attacks upon me in many parts OF
the country and was also my hated
political enemy. his action becomes the
more extraordinary.
This action OF tself would juptify me
in making contest and j1stlfy this
committee in refusing to declare the
beneficiary of such conduct the nominee
OF the party.
l also deem it my duty to solemnly
avow that l have not the shadow OF a
doubt that L have received, as against
w iiiihh VI OWous, vi CcOtL county,
OF the legal Democratic vo.es
OF this district. and that | am legally
entitled to be declared the nominee OF
the Democratic party in this district.
The inexplicable increase in the votes
OF THE primary over the vote cast in !
1892 would be sufficient reason to re-
quire of this committee an vestigstion,
append to this comparative table
Of the votes cast for Mr.. Cleveland aud
myself in 1892. and ior governor 10
1891, in the eight counties constituting
this district, and the vote cast at the re-
cent primary, showing an apparent in
crease OF over 2500 votes And this in
crease is mainly in the counties OF
Fayette, Franklin and Scott. The in-
crease in the county of Franklin, which
is nearly 33 per cent. accounts Tor the
received by my competitor in
that county, as does the increase in the
county OF Scott, which is about 80 per
cent, account for the majority received