The morning call., 1894-09-23
FILES A PROTEST.
Mr.. Breckenridge Rests
ON That.
WILL MAKE NO CONTEST.
Afraid of the Election of Some
Republican.
THINKS HE DEFEATED OWENS,
Who Has Been Declared the Regular
Democratic Nominee In the
Ashland District.

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 COM
munication from Colonel 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 gov
erning authority empowered TO count the votes
received by the candidates in the primary cleo
ton OF September Is, and TO declare the candi-
date receiving the highest number OF votes the
nominee of the Democratic party in the dis
trict, and You alone have the power to deter
mine upon the form and manner of the pro-
ceedings 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
ana decid- who shall be entitled To the nomi-
nation. and you owe to The Democratic patty
OF the district and 10 your sense of right that
the duties imposed upon you shall not be per-
formed by any one else. nor shall they be en-
croached upon. You and you alone have the
power to prescribe what political qualifications
shall be possessed by such legal voters as re-
side Wi hin the district aud desire TO partici-
have the right 10 determine whether the rules
laid down by you, and in which were neces-
sarlly incorporated the provisions of the State
law, have been complied with.
l deem 1t my duty owe 10 the Democratic
party OF the district. to my friends and TO N.Y.
self TO state the principle and protest against
any action Of any Judge. county committee Of
any county or private individual which en-
crOaches or attempts TO encroach upon your ex-
cluSiye turiS0ipfiOn q hac no
done in The primary may not be held to be a
precedent TO br used hereafter for the want of
an open and formal protest agains' IL.
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 ana others versus others. This
committee met September and adopted GER
tain rules. The plaintiffs waited until the aft
ernoOn of Friday, the 14lb. having had ample
lime 10 take such steps they deemed neces.
sary and give proper notice TO me or 10 the
nominal defendants, so that a hearing might
have been had, This delay was known to that
Judge, and was OF itself cause for refusal 10
issue any restraining order. But l, as well as
the nominal defendants, lived near enough for
notice 10 have been given Of the application for
the restraining order so that the Judge might
pass upon II after hearing and with the op-
portunity afforded TO present reasons against it
and the issue OF the socalled temporary in
junction. which, under the circumstances, was
equivalent 10 final and permanent one, and
setting of the barring OF any application for It's
dissolution or modification for a date six DAYS
after election, when 1t would have already ac-
complished its purpose. is such an extraordi-
nary abuse of the discretion lodged In judicial
officer even If that officer had Jurisdiction and
the order were one which on hearing might
properly nave been issued, that il ought not 10
pass without attracting universal attention and
receiving unanimous condemnation; and when
IL is remembered hat this Judge has been for
many years my bitter personal enemy, per-
hitting and participating in malignant attacks
upon me in many parts Of the country, and was
also my hated political enemy, his action be-
comes the more extraordinary.
his action OF itself would justify me In
making contest aud justify this committee in
refusing 10 declare the beneficiary OF such con-
duct the nominee OF the party. / also deem IL
my duly to solemnly avow that have not the
shadow OF i doubt that l have received as
aeainsl William Z. Owens of Scott County a
majority OF the legal Democratic votes OF this
district, and that am legally entitled to be de-
clared 10 be the nominee of the Democratic
p rty in this district.
The inexplIcabe increase in the votes of
this primary over the vote cast in 1892 would
be sufficient reason 10 require of this commit
tee an investigation.
/ append to this a comparative table OF the
votes cast for Mr.. Cleveland and myself in
1892, ana for Governor In 1891 In the eight
counties constituting this district and The vote
cast at the recent primary, showing an appar.
EFT increase of over $500 votes, and this in
crease is mainly in the counties Of Fayette,
Franklin and Scott.
The increase In the county OF FRANKLIN
which is nearly 33 per cent, accounts for the
plurality 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 In The county OF Scott
and the almost but not quite so miraculous in.
crease in the county of WOodford explains the
majority received there.
But under all the circumstances DO not feel
called upon 10 make formal contest or to op-
pose the declaration OF his nomination upon the
face OF the returns. l accept the result In this
elec ion rather than enter upon contest VIII tch
In my judgment would result in the election of
Republican in this district. 1 have not the
slightest doubt that he coolest would result In
the declaration or my nomination, but this Is
not enough TO justify me Ia entering upon such
contest. would not feel, however, that 1 had
performed the duty owe to my friends every
where, but especially In Scott County II / did
not enter my protest against the action of the
committee OF Scott County in this primary.
First-Ip the apportIonment and appoint
ment OF the judges Of election, which was only
rectified after L had appealed TO this commit
tee.
Second-Against Its refusal to forward the
proofs upon which it acted 10 this committee.
1hird-Againsl It's wholly inexcusabIe re.
fusal 10 permit me to obtain a copy of the
names of the voters IN Georgetown al the late
primary so that might make such investiga-
ton as desired and was my right
charge upon that committee the deliberate
purpose 10 defraud me oul OF the nomination
and now put upon record these proofs; that
the charge and the proof may remain part of
the permanent record Of the political history of
this district
No man can estimate the Importance OF each
Democratic vote in the House of Representa-
tiyes. have given many years OF labor TO the
cause of Democracy ana especially to the re-
vision of the tariff. I am not willing TO endan-
ger the supremacy OF the D mocratc party Ia
the next House, even though am the victim of
fraud created in this district. believe also
that wrong can be at length righted 10 the party
without the rupture OF he party. therefore.
10 anticipation OF your action. announce my
submission TO your declaration and my purpose
to support the nominee Ia whose favor you will
make that declaration. Very respectfully,
WILLIAM F. c. BREcKINRIDGE.
The committees then proceeded to have
read The certified vote of each county as