Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1899-12-14

our construction Of the present law, and
we are fortified In the correctness or TINS
construction not only be the interprcta-
ton which the court of appealArof th's
state has placed upon kindred 4 ltutcs,
but b. all the law of the land, 50 far as
we have been al'e to examine 1t.
Evidence Incompctcnt.
"Thls board, under the present law, as a
CanvaSsing board. possesses no other or
greater powers than those conferred on
the governor, attorney general ana secre-
tsry of state
To emphasize che correctness of this
conclusion the writer's of the majority
opinion quote largely from the statute
and numerous authorities, and then
proceed as follows:
but the question as to whether or not
the powers and Jurisdiction of this board
as at present organized are purely minis
terial or both ministerial and judicial. Is
not Of SUE Importance in this pro-
ceedng when we come to consider the
papers and documents offered as testi-
mony and upon which we are required 10
act
These papers are clearly incompetent
testimony for any purpose, and 1t would
be so held, we apprehended, not only In
all courts, but II would be so held by ny
II we were now sitting as board OF con-
test
"If this board were clothed with unlim-
tied judicial powers IL would not consider
IN = eNparte statements ana extra oUtlal
statements here submitted. II could not
do so without violating the most familiar
rules of evidence.
Every citizen is entitled to his say in
court. He can not be deprived of life, lib
erty or property except by the due pro-
cess of law II is not due process of law II
he is not given an opportunity to meet his
adversary and to CrOs5-eXamine the W.T.
ness Offering against him, and to produce
testimony in his own behalf IL would be
monstrous to say that person appearing.
nm no far af hh rot IN In 20
elected to an office of high or low degree
could be deprived of that office on mere
eX parte afiidavits which he had never
had an opportunity to inspect and before
he had been given any opportunity to CT
fer evidence in his own behalf. Such Is
not, never was, and never will be, the law
in any civilized state I'm the world.
What We have said with respect to tho
eX parte evidence applies to amended L.
turns from certain counties, which in e.
cry instance only purport to have been
signed by majority of the county boards.
and which 80 not certify any fact authOt-
lied by the law to be certified to this
board"
I'VE regret we have regarded it neces-
sary, in view Of questions before us u
extend this opinion to such length 1t re-
suits from what has already been said.
that the certificate on the face of the re-
turns before us should he issued to Will
liam ;. Taylor the republican candidate
for governor. and to the other candidates
on the republican state ticket with him.
and II is so ordered.
Minority Report.
The following is the gist of the min
Gritty report which will be read by
Commissioner Poyntz:
IL agree with my fellow members of tho
state election board that the democratic
candidates We're legally elected they
don't say sol at the general state election
held November Z, 1893. and this fac; IS
shown by the certificates made to this
board by the several county election
boards.
Mr.. Poyntz then goes briefly over
the tissue ballots, declaring that in his
opinion their use should have rendered
void the election i'm the counties OF
Pike, johnson, Knox and Magoilin.
The charge of military intimidation at
the polls in Louisville is then dis
cussed, and the opinion given that tie
election in Jefferson county should be
declared void.
The opinion concludes as follows:
IL am no lawyer, but | believe laws arc
intended to bring about justice, and be-
lieVe that the law does not require the
giving of certificates of election to candi-
dates who are shown by the returns be-
fore this board to have been defeated
am unwilling to certify fraud and to turi
Kentucky over to the care of the bayonet,
Calling gun and the fraudulent tissue ball
join with my colleagues in granting certi-
hcates to the republican candidates and
believe certificates of election should be
issued to the democratic candidates"