The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-09
DECISION IS FOR TAYLOR.
Election Boards Opinion Giving Him
the Certificate.


the Certificate.
Frankfort KY, Dec. S.-The following
is the opinion, in part, of the Election
Commissioners in the gubernatorial con-
test:
"In reaching a conclusion in this case,
we are compelled to construe for the first
| time the statute under which we act 1t
has not received judicial construction or
Interpretation at the hands Of any court
This, of itself adds to our embarrassment
| and, if possible, 10 the magnitude of the
disagreeable task before us.
'The capital question on the threshold
is, what are the powers and jurisdiction of
the State Board Of Election Commission
ers, sitting as a canvassing board, which
is the capacity in which ii now acts? Are
our powers purely ministerial or are they
both ministerial and judicial? May this
board under the law, acting as mere
board of canvassers, go to the bottom of
any and all Irregularities misconduct and
frauds, if any. which may have been COM
mitted in the recent election and on the
whole case determine whether or not what
now appears on the face of the returns is
true or false?
"There is, however, ore other material
question involved in this proceeding 1t Is
this: If we find, under the law that this
board, sitting as a canvassing toard, is
clothed with judicial powets, the question
is, are the powers and documents rendered
for our consideration competent evidence
for any purpose, or are they merely ex-
parte statements which under the rules Of
evidence are inadmissible to establish any
facts. In considering the questions sub
mitted we must be guided by the fules of
law We cannot depart from the beaten
path, for it is the safe path,
Powers of the BOARD.
owe consider first, the question as to
whether or not the powers conferred on
us as canvassng board authorize us to
exercise judicial powers. An appeal to
the provisions of the statute ought to fur
nish a ready answer to this question.
Whatever powers and jurisdiction it has
not conferred we may not lawfully assume
to exercise" E"
After quoting extracts from the new
election law defining the powers Of the
board, the opinion reads:
1T is evident from the law, that the
State Board Of Election Commissioners,
when sitting as a board of contest, is
clothed with powers and jurisdiction which
IL does not possess and cannot assume to
exercise when sitting as at present, in a
mere ministerial capacity.
'As a board of contest IL possesses the
powers and functions of a court. 1t may
set aside the original returns, overthrow a
prima facie case, and when authorized by
the-law and the evidence cast out pre-
cincts or whole counties and award the
certificate to the candidate other than the
one having a majority upon the face If
the returns. But these are powers which
the board can only exercise when sitting
as a board of contest.
a Question of Testimony.
"But the question as to whether or not
the powers and jursdction Of this board
as at present organized are purely minis
tefial or both ministerial and judicial. is
rot Of supre me Importance IN this proceed
ing when We come to consider the papers
and documents offered as testimony and
upOn which we are requested 10 act
These papers are clearly incompetent
testimony for any purpose and Il would b.
SO held, We apprehend. not oniy Ia aF
courts but Il would be held by us II we
were now sitting as a hoard q contest.
1T would be INDUSTRIOUS 10 say that q