The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-09-27
OWENS is THE NOMINEE.
BRECKENRIDGE PROTESTED TO
THE COMMITTEE,
But it Awaited Nothing, and the Motor
to Declare Owens the Nominee of the
Democratic Party Was Unani.
mously Carried.

congressional district was called to
order by Chairman Field Mcleod
at 1890, all members present A pro-
test against Mcleod IOting and de-
cision of Chairman Carroll of the state
committee deciding that Mcleod
could vote only in case of a tie was
filed in behalf of Breckenridge. The
following communication from Colonel
Breckenridge was received, read and
ordered filed:
"LEXINGToN, KY, Sept. 20.
ITO the Democratic Committee of the Seventh
District
Under the statutes of Kentucky
and the order of this committee you
are duly authorized and con
stituted the governing author
ity of the district to count
the votes received by the candi-
dates in the primary election of sep
tember 10, and to declare the candi.
date receiving the highest number of
votes the no ninee of the Democratic
party in this district, and you alone
have the power to determine upon
the form aud manner of the proceed
ings 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 en-
titled to tine nomination, and you owe
it TO The Democratic party of the dis
trict and your sense 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 qualifications shall be
possessed by such legal voters as re-
side within the district and desire to
participate in that primary; and you,
and you alone, have the right to de.
termine whether the rules laid down
by you, and in which you necessarily
Incorporated the provisions of the
statutes have been complied
with. | deem it 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, county commit
tee of any county, or private indlVl-
dual which encrOaches, or attempts to
encrOach, upon your exclusive Jurls-
dictiOn; that whatever has been done
in this primary may not be held as a
precedent to be followed hereafter for
the want of the opinion and formal
protest against it.
II formally protest against the ac-
tion of the Judge of the Fourteenth
judicial district in the issuance OF the
extraordinary order in the case of W..
E, Sims ana others. This committee
met on Sept. s and adopted certain
rules. The plaintiffs waited until the
afternoon of Friday, the l4th, having
had ample time 10 mske such
steps as they deemed necessary and
give proper notice to me or to
The nominal defendants, so thut ar.
raugements might have been made.
This delay was known to that judge
and was of itself cause for refusal to
issue any restraining order. But L,
as we'll as the nominal defendants,
lived near enough for notice to have
been given of the application for the
Re strsinipg order, 80 that the judge
might pass upon it after q hearing,
and with the opportunity afforded to
present reasons against it, and the is-
suance of the so called temporary in
junction, which, under the circum-
stances, was equivalent to final and
permanent one and the setting
of the hearing of any spplica-
tion tor it's dissolution or mOditi-
cation for a date six days
after the election until it would
slready have accomplished its
purpose, is such an extraordinary
abuse OF the discretion lodged in a
judicial officer even if that officer bad
Jurisdiction and the order were one
which on hearing might properly have
been Issued, that it ought not to pass
without attracting universal attention
and receiving unaEimous cOndemna-
ton. this, when it is remem bered that
this Judge has been for many years
my bitter, personal enemy, permitting
and participating in malignant attacks
upon me in many parts Of the country,
being also my heated political enemy,
bis action becomes the more extra
ordinary. This action in and of itself
would justify me in making contest
and justify this committee on refusing
to declare be beneficiary of such con.
duct the nominee of the party.
1 also deem it my duty to solemnly
avOw that / have not the shadow of q
doubt that have received as against
William G. Owens of Scott county
moryit OF the legal Democratic
votes OF this district and that / am
legally declared TO be the nominee of
the Democratic party in This district.
TheineXpiCabl increase in the vote
castat this primary over the vote
castiD 1892, would be Sufficient reason
to require this inves igation. |
append to this a comparative table Of
OF the votes cast tDT Mr.. Cleveland
and myself in 1892, and tor governor
in lSOl in the eight Counties cunstitut-
ing this district aud the vote cast at
the recent primary, showing an ap-
parent increase OF over $500 votes
4 nd this increase is mainly i'm the
counties of Fayette, Franklin and
Scott. The increase in the county of
Franklin, which is nearly 33 per
cent, accounts for the plurality receiv.
ed by my competitor in that county,
as does the increase in the county of
Scott, which is about 80 per cent, ac-
count for the majority received in the
county of Scott and the almost, but
not unite so miraculous, increase in
tho oountv of WoodfOrd eYnlaina the