The Saint Paul globe., 1899-12-04

upon the race of the Returns
Democrats Insist That the Board
Has Il Right TO Go Into the Cues
tiOn of Legality of Ballots.
FRANKFORT, Ky, Dec. 3.-At noon
tomorrow the state board of election COM
missioners of Kentucky will meet to can
vass the returns from the last state cleo
ton, 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 set
tied tomorrow, and it may be Wednes-
day or later before a certificate is is
sued
Both sides express themselves as con-
fident, but no one can predict with ac-
curacy the decision which will be ar
rived at by the board. The certified re-
turns from the county boards, now on
file with the secretary of state give Tay-
lor plurality of 2435, but the Democrats
declare that enough of those votes will be
thrown out, and that Goebel will be
awarded the certificate. The Kentucky
election law is capable Of divers con-
structions, and the conclusion of the
members decide to construe certain por-
tions of the statute. That part of the
law upon which the Republicans rely is
as follows:
After an election for governor, lieuten-
ant governor or other officer elective by
the votes Of the whole state, or more than
one county, it shall be the duty of the
board of canvaSSerS of the returns for
each county. Immediately after the exam
lnatlon OF such returns. to make two or
more certificates in writing over their
signatures of the number of votes given
in the county for each of the candidates
for any of said offices. One Of the GER
office; another the clerk shall send by the
next mail, under cover, to the secretary
of state at the seat of government.
1t shall be the duty of said board when
Monday1after election whether they are
in or not, to make out in the office of
tie secretary of state from the returns
made duplicate certificates in writing
over their signatures of the election Of
those having the greatest number of
votes, one certificate to be retained in
the office, the other sent by mail TO the
persons elected. If all the returns are
not made the right to contest an cleo
ton shall not be impaired
ANOTHER POINT OF VIEW.
The Republicans assert that inasmuch
as, according to the law. a certificate of
election is due to the person having the
largest number of votes, according to the
certificates of the county boards, it will
be impossible for the board to do other
wise than return certificate in favor of
Taylor, he having a majority of 2,435 ac-
cOrding to the certificates now on file
with the secretary of state. There is a
loophole in the very sections upon which
the Republicans rely which may work
against them. 1t is this
The said state board shall be a board
for examining and canVassing the re-
turns.
How the board will construe the word
examining is a matter of doubt. The
same words exactly are used in defining
the powers of the various county boards,
and under this wording they have claim
ed and used the power of rejecting 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 a
passage of the law defining it's powers
in identical language?
With the certificates of the commits
sioners of Jefferson county giving z. Tay-
lOr plurality Of 3,442 votes was flee
a mass of evidence that many Of the
votes were illegal, and it is not among the
impossibilities that the state board should
so construe its powers, under the worG
examining" as to declare that it ha:
the power to reject these votes If il
does, Mr. Goebel gets the certificate.
GOEBEL'S CLAIM.
The main reliance of Goebel is upor
tIe
city of Louisville. This vote, according
| to the returns, showed a plurality fol
| Taylor of 3, ,422, and If the Democrats sue
! ceed in having it thrown out it mean:
the defeat of Taylor and every othe
candidate upon the Republican ticket.
The Democrats are contesting th'
! Louisville vote mainly because of Gov
Bradley's action in ordering the militi:
under arms and the alleged presence a
| the polls of deputy United States mar
! shals They also base their contest OIL
| the fact that inspectors for the Brow
party forced their way into the polling
booths and usurped the functions of of
! ffcers of election
The Republicans will claim before tn,
election commissioners that the claims O
| intimidation by the militia and of inter
| ference by the United States marshal
are wholly inadmissible for the reason
that the militia was held in the armor,
until fully three hours after the CLOSING
| of the polls, and that they were at M
time until long after the polls had close(
! present at or near a polling BOOTH A!
to the marshals 1t is asserted by the Re
publicans that not only were they tot
few in number, there being but fourteen
in Kentucky all told, to be capable of an,
interference, but that they actually die
not In any manner interfere with tn,
casting of any vote either In the city O.
Louisville or elsewhere throughout tn,
state. They visited the polls as privat,
citizens only.
To offset the claim Of intrusion by the
inspectors for the Brown party the Re
| publicans claim that if the claims of the
| Democrats are correct and no positive
| denial is offered by the Republicans, the
| fault lies with the Democratic officials
| who admitted them. If they did not wan
| them in they should have kept them out
| They claim that the Demo Gratis cannot al
| Iege their own negligence Of duty as 6
reason for throwing out Republican votes
| 1t is admitted by both sides that the
Democrats have a stronger case in JEFF
| ferson county than anywhere else
| throughout the state IF they win there
! the other contests may be dropped. Anf
| If they lose, success in all the other con
tests will not make Goebel governor o1
| Kentucky.
KNOX COUNTY CASE.
Next to the Jefferson county contest il
! importance comes that In Knox county