The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-12-04
ELECTION BOARD
WILL MEET TODAY
There VIII Be No Decision For
Several Days.
BOTH SIDES ARE CONFIDENT
Kentucky Law Capable OF Vari-
GUS Constructions
A PORTION OF THE STATUTE
Goebel Declines to Say Anything and
Taylor Contents Himself With the
Assertion That the Board
Will Do Its Duty.
PORTION OF THE STATUTE

Frankfort, KY, December 3.-At noon to-
morrow the state board of election commits
s.oners of Kentucky will meet to canvass
the returns from the last state election
and to decide whether Goebel or Taylor
is entitled to the certificate of election as
governor
There is not much probability that the
matter will be settled tomorrow, and 1t
may be Wednesday or later before GER
tificate is issued Both sides express them
selves confident of the outcome, but no
one can predict with accuracy the decision
which will be arrived at by the board.
The certified returns from the county
boards now on file with the secretary of
state give Taylor plurality of 2,43o, but
the democrats declare that enough of these
votes will be thrown eut and that Goebel
will be awarded the certificate.
The Kentucky election law is capable of
divers construction and the conclusion of
the board Ivil rest very largely upon how
Its member decide to construe certain
portions of tne statute. That portion of
the law upon which the republicans rely
is as follows:
Section 9.-After an election for governor,
1ieutenant-governor or other officers cleo
tive by the voters of the white state, or
more than one county, 1t snail be the duty
Of the board of canvassers of the returns
for each county immediately after the ex-
animation of such returns to make two or
mere certificates in writing over their sig
natures of the votes given in the county
for each of the candidates for any of said
offices and the number OF votes for or
against such questions or constitutional
amendments. One of the certificates shall
be retained in the clerks Office; another
the clerk shall send by the next mail un-
der cover to the secretary of state at the
seat of government.
Section 10.-Sad state board of election
commissioners shall consist of three MEM
bers and in the absence of either, the other
sAall be a board for examining and can
vassing the returns of election for any of
the offices named In another section of this
act.
Must Make Out Certificates
First, 1t shall be the duty of said board,
when the returns are all In or on the
fourth Monday after election, whether they
are in OF not, to make out in the office of
the secretary of state from returns made,
duplicate certificates in writing over their
signatures of the election of those having
the highest number of votes, one certificate
ITO be retained in the Office the other sent
by mail to the person elected. If all the
returns are not made, the right to contest
an election shall not be impaired.
The republicans assert that, inasmuch
as according to the law, certificate of
election is due to the person having the
largest number of votes according to the
certificates of the county boards, 1t will
ee impossible for the board to do other
wise than return certificate in favor of
Taylor, he having majority of 2,435 ac-
cording to the certificates now ON file with
the secretary of state. There is a loop-h
in the very sections upon which the repub-
llcans rely which may work against Them
1t is this: THE said staee board shall be
q board for examining and canvassing the
returns"
How the board will construe the word
"examinng'' is a matter of doubt. The
same words are used exactly In defining
the powers of the various county boards,
and under the wording they have claimed
THAT they used the power to reject votes
which they believed were Illegally cast
If the county boards have this power over
precinct returns, why. the democrats ask,
has not the state board exactly similar
powers over county returns in q passage
of the law defining Its power In identical
language?
With the certificates of the commissioners
of Jefferson county giving Taylor plurali-
ty Of 3442 votes was filed a mass of evil
dence that many of these votes were illegal
and it is not among the impossibiltles that
the state board may misconstrue its powers
under the word examining as to declare
that 1t has the power to reject these votes.
Ut 1t does, Mr.. Goebel gets the certificate.
GoebeIs Main Reliance
The main reliance of Goebel Is upon con-
testing Jefferson county, which means the
city of Louisville. This vote, according to
the returns, showed plurality for Taylor
of 3,422, and If the democrats succeed in
having 1t thrown out, 1t means the defeat
of Taylor and of every other candidate up
on the republican ticket.
The democrats are contesting the Louis
willie vote chiefly because Of Governor Brad
ley's action in ordering the militia under
arms and the presence at the polls of
deputy United states marshals. They also
base their contest on the fact that inspec-