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
Him but Quickly
Withdrawn.
By the Associated Press.


FRANKFORT. KY, Sept. 22.-AIl the
members of the Democratic congress
sional district com mittee 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 T.
Shelby. and large delegation of promi-
nent men.
BREcKINRIDGE'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
/ 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 qualifications shall bc pos-
sessed BY such legal voters az reside
within the district and desire to psrtici.
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 provieions 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, so 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. Z. Sims and 9TH !
ers We. others. This committee met
September 8th and adopted certain rules,
Inc plaintiffs waited until the afternoon
oi Friday, the l4th, 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 well as the
nominal defendants, lived near enough
Tor notice to have been given OF
the application for the restraining
order, 80 that the judge might pass upon
1t 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
circu instances. was equivalent to a final
ana permanent one, and the setting of
The hearing OF any application for its
or modification for date six
lays after the election. whom it would
Already have accomplished its purpose.
9 such an extraordinary abuse of the
discretion lodged in a judicial officer.
wen il that officer had jurisdiction and
he order were one on which hearing
night properly have been issued, that
ought not to pass without attracting
universal attention and receiving unani.
nous condemnation; and when it is re- :
nembered that this judge has been for
many years my bitter personal enemy,
ermitting and participating in malig- c
ant attacks upon me in many parts of
he country and was also my hated 8
olitlcal enemy. his action becomes the G
lore extraordinary. I
This action of itself would justify me c
/ making contest and justify this I
ommittee in refusing to declare the i
enehciary of such conduct the nominee Q
the party. n
also deem it my duty to aolsmnly t
Vo" tnat have not the shadow OF a ii
ouot that l have received. as against Il
lillian q. Owens, of Scott county. q 1
aiority OF the legal Democratic yo.es il
this district, and that | am legally VI
ltitled to be declared the nominee of Il
70 Democratic party in this district.
Inc inexplicable increase in the votes
thie primary over the vote cast in
w wonid be sufficient reason to re- "a
IRE OF TINS committee an investigation.
! append to this comparative table
the votes cast for Mr. Cleveland aud or
yself in 1892, and ior governor 10 re
vi, In the eight counties constituting tn
lie district, and the vote cast at the re-
mt primary. showing an apparent in 81
ease OF over 2500 votes. And this in th
esse Is mainly in the counties OF M
Iyette, Franklin and Scott. The in- br
base in the county of Franklin, which sti
nearly 81 per cent. accounts for the to
nrality received by my competitor in cls
at county, as does the increase in the co
unity OF Scott, which is about 30 per IN,
at. accnunt for thu N, ainritu ranaixnd |