The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-09-22
OWENS THE NOMINEE
The Canvassing Committee De-
cides the Matter Today.
Declares Him the Winner by
Plurality of 255.
ENTERED A PROTEST.
Breckenridge Writes to the Can
vassing Committee.
Hasn't a Shadow of Doubt That
Owens Was Beaten.

Ocratic committee for the Seventh con-
gressionaI district was called to order by
Chairman Field Mcleod at 1870. with
all mem bers present A protest against
Chairman Mcleod voting and a decision
Of Chairman Carroll Of the state commit
tee, deciding that Mcleod could vote
only in case of tie. was filed in behalf
Of Breclxinridge.
After canvassing the vote by counties,
a resolution was unanimously adopted
declaring Owens the nominee by a plu-
raIlty of 200 votes. and the committee ad-
journed.
The following communication from
Colonel Breckenridge was received, read
aud ordered tiled:
To the Democratic Committee of the Seventh
Congressional District;
Under the statutes of Kentucky, and
the order Of this committee, you are duly
authOr4zs ii and constituted the governing
authority empowered 10 count the votes
received by the candidates ia the primary
election OE Septem IN Der15 aud to declare the
candidate receiving the highest number
of votes the nominee of the Democratic
party IN this district, and you alone nave
the power 10 determine upon the form
aud manner of the proceedings you will
take 10 discharge TINS 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 ard you owe it to the
Democratic party of the district and To
your sense Of right that the duties i'm
posed upon you shall not be performed
by any one else, nor shall they be en-
crOached upon.
You aud you alone, have the power to
prescribe what political qualifications
snail be possessed by such legal voters
as reside within the district and
md
you aud you alone, have the right 10 de-
termine whether the rules laid down by
YOU, and in which were necessarily in
corporated the provisions of the statutes
have been cOmpiled with
deem 1t my duty owe to the Demo
cratic party of the district, TO my friends
and to myself to state this principle and
protest against any action Of any Judge.
county committee of any county, or
Drivase individual which encrOaches
or attempts to encrOdcn upon your ex-
elusive jurisdiction, SO that whatever has
been done in the primary may not be
held to be a precedent to be used here
after for the want of 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
ordor in he case of w. L. Sims and 9TH
ers vs. others. This committee met Sept
Sth and adopted certain rules; the
plaintiffs waived until the afternoon of
! Friday. the 14th. having had ample time
/ to take such steps as they deem neces-
4 sary and gave proper notice to me or to
7 the nominal defendants, so that a hear
+ ing might have been had.
This delay was known to that Judge
and was Of itself cause for refusal 10
< issue afy~ restraining order But / as
we'll as the nominal defendants lived
near enough for notice to have been
( given of the application for the restrain
ing order, that thu judge
might pass upon It after q
hearing and with the oppor-
tunity afforded to present reason against
it and the issue of the sO-caIled temper
ary Injunction, which, under the circum-
stances. was equivalent to final and per-
manent one, and the setting of the hear
ing of any application for lis dissolution
or modification for date six days after
the election, when it would already have
accomplished its'purpose, is such an ex-
! traordInary abuse OF the discretion
lodged in a Judicial officer, even if that
I officer had jurisdiction and the order
were one which on hearing might
properly have been issued. that il
ought not to pass without at
tracting universal attention and re-
ceiving the unanimous condemnation
and when it is remem bered that this
Judge has been for many years my bitter
! personal enemy, permitting and partici-
! many parts Of the country, and was also
my heated political enemy, his action be-
comes the more extraordinary.
This act in and Of itself would justify
me in making a contest and justify thil
committee in refusing to declare tht
beneficiary of such conduct the nominee
of the party.
also deem it my duty to solemnly
avow that l have not the shadow of
doubt that l have received as agains
Wm. G. Owens of Scott county, majOri
ty of the legal Democratic votes Of thu.
district, and I am legally entitled to bt
declared the nominee of the Democratic
party in this district.
The inexplicable increase of the vote
cast at this primary over the vote cast il
1892. would be sufficient reason to re
Quire Of this cOmmitree an investigation
I append to this a comparative table 0
the votes cast for Mr.. Cleveland aud my
self IN 1892. and for governor IN 1891 il
the eight counties constituting this dis
trict aud the vote cast at the recent pri
mary.
The STATE JOURNALS Want and Mis-
cellaneOus columns reach each working
day III the week more than twice a
many Topeka people as can be reache<
hroa-A aas- ognc- pA.Js1. Ic4s 3 iac1