The McCook tribune. (McCook, Neb.) 1886-1936, 1894-09-28
BRECKENRIDGE LEFT.
Mr.. Owens Declared the Nominee for
Congress.

Mr.. Owens Declared the Nominee for
Congress.
FRANKFORT, KY, Sept. e4.-The
Democratic congressional committee
of this. the Ashland district. decided
unanimously this afternoon that w.
C. Owens was the nominee of the party
for congress by a plurality of 255.
When the committee met SCOT after
noon, all the members were in attend
ance. w. G. Owens was on hand with
a big delegation of friends. W. c. p.
Breckinridge's interests were looked
after by his law partner, John T.
Shelby, and a large delegation of
prominent men. Chairman Field Nc
Leod presided. A protest against Nc
Leod voting and a decision of Char
man Carroll of the state committee
that Mcleod could vote only in case
of a tie was filed in behalf of Breckinr
ridge.
The following communication from
Breckenridge 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 15,
and to declare the candidate receiv-
ing the highest number of votes the
nominee of the Democratic party in
this district n you alone have the
power to determine upon the form
and name 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 re-
ceive the nomination and you owe it
to the Democratic party of the dis
trict n to your n of right that
the duties imposed upon you shall not
be performed by anyone else nor
shall they be encroached upon.
You, and you alone, have the power
to prescribe what political qualifca-
tons shall be possessed by such legal
voters as reside within the district
and desire to participate in the pri-
mary, 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 statutes, have been
complied with. deem it a duty |
owe to the Democratic party of the
district, to my friends and to myself,
to state this principle and protest
against any action of any judge, coun-
ty committee of any county, or pri-
vate individual, which encroaches or
attempts to encroach upon your ex-
elusive jurisdiction, so that whatever
has been done in the primary may not
be held to be precedent to be used
hereafter for the want of an open
and formal protest against it.
l formally protest against the
action of the judge of the Fourteenth
judicial district in the issue of the eX-
traordinary order in the case of w. E.
Sims and others VS.. others. This com
mittee met on September s and
adopted certain rules. The plaintiffs
waited until the afternoon of Friday,
the 9th, having had ample time to
take such steps as they deemed nee
essary and give proper notice to me
or to the nominal defendants, so that
a hearing might have been had. This
delay was known to that judge and
was of itself a cause for refusal to is
sue any restraining order. But |, as
well as the nominal defendants, lived
near enough for a notice to have been
given of the application for the re-
straining order, SO that the judge
might pass upon it. after a hearing,
and with the opportunity afforded to
present reason against it and the
issue of the So called temporary
Injunction, which under the
circumstances was equivalent to a
final and permanent one, and the set
ting of the hearing of any application
for its dissolution or modification for
a date six days after the election,
when it would already have accom-
plished its purpose, is such an extra
ordinary abuse of the discretion
lodged in a judicial officer, even if
that officer had jurisdiction and the
order were n which on hearing
might properly have been issued, that
it ought lot to pass without attract
ing universal attention and receiving
unanimous condemnation and when
it is remembered that this Judge has
been for many years my bitter Der
sonal enemy, permitting and partic-
ipating in malignant attacks upon me
in many parts of thu country, and was
also my heated political enemy, his
action becomes the more eXtraor-
binary. This action in and of itself
would justify me in making a contest
ard Justify this committee in refusing
to declare the beneficiary of such con-
duct the nominee OF the party.
also deem it my duty to solemnly
avow that l have not the shadow of
doubt hat l have received, as against
William c. Owens of Scott county, a
majority of the legal Democratic
votes OF this district, and that am
legally entitled to be declared the
nominee of the Democratic party in
this district. The inexplicable in
crease in the vote cast at this primary
over the vote cast in 1892 would be