The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-11-18
new ISSUE IN
KENTUCKY RACE
Presence Of Militia at the Louis
Vile Polls.
DEMOCRATS RAISE A KICK
Notices Served on Commissioners Men
tons the Fact That Voters and
Election officers Were Over
awed and Inundated.
DEMOCRATS RAISE A KICK

Louisville, Ky, November IA question
which is likely to have an important if not
deciding influence on the contest for the
governorshp of Kentucky was brought up
today before the canvassing board of JEFF
ferson county, which includes Louisville.
Counsel for the democratic candidates gave
notice of motion to throw out the vote of
the city because of the presence of militia
at the polling places on November 7. The
notice served on the commissioners follows:
For the democratic candidates we now
give notice that at the close of the count
and before any certificates be issued we will
move the board and all other authorities
that may consider this election to declare
null and void the election held in the city
of Louisville on November Z, 1899.
"First.-Because of the usurpation of
William o. Bradley in calling out and lille
gally using the militia and overawing and
intmidating the voters and officers of and
at said election, and interfering with the
progress of said election and with the du-
ties of the officers of said election.
Observation-Disclosures s. b. Toney unlawfully
usurped power in requesting said William
o. Bradley to call out and use said militia
for said purpose when said call was en-
tirely unnecessary and the civil author-
ties were able and willing to execute any
order made by said court.
"Third.-Because said militia was used
fer the unlawful purposes aforesaid.
"Fourth.-Because said election was not a
civil election, but militia election.
"Fifth.-Because the said use of militia
was unlawful in every respect and crimi-
nal usurpation of power by said named per-
sons and thereby the civil power was SUI
bordinated to the military power and an
overt act of a reasonable nature against
the constitution of the state of Kentucky
was committed.
This action has been expected ever since
the official count began. 1t was freely re-
ported on election day that If the militia
were called out it would result in some such
STEP With Louisville thrown out Goebel
would have a safe plurality in the remain
der of the state. This dispute will prolong
and aggravate the fight, for the republicans
will make every effort in their power to
retain Taylor's Louisville plurality.
There is something going on in state
guard circles, as Colonel Williams. of the
Second Kentucky, has been recalled from
the national fox hunt to confer with Colapel
Bradley at Frankfort. He made the "trip
from Estill Springs in a buggy. He de-
clined to give anything to the press.
Frankfort, KY, November 1.-THE propo-
sition today from Goebel's lawyers to throw
out the entire vote of Louisville was not
wholly unexpected by the republican lead
ers here. 1t is now said Senator Deboe's
visit here last night was for the purpose
of ascertaining definitely to what extent
Governor Bradley will support Taylor in
the event that Goebel is given the certii-
cate of election based on this proceeding.
Senator Deboe and Governor Bradley are
not on speaking terms and third party
communicated with both of them.
Deboe says he Is satisfied Bradley will
stand by Taylor and will vigorously resist
Goebel. Senator Lindsay will be asked to
act as one of the attorneys for the anti
Goebel side before the state election COM
mission.
The republicans have found a precedent
established by the state election commits
sion last year. in which the board by a
unanimous vote decided it was merely 9
canvassing board and had no power to pass
on contests. This was the case of Mordecai
Williams, democrat, who filed a contest for
the certificate of election as congressman
in the Ninth district on the ground of
fraudulent votes having been cast for Con-
gresham Pugh in several counties. The
board declined to hear the contest on the
the certificate of election to Pugh on the
face of the returns. Taylor's lawyers now
claim that under this decision the vote of
johnson and Knott counties at least must
be counted as certified. They have not
given an opinion as to the bearing on this
ruling on the Jefferson county case.
If Jefferson county is thrown out the po-
ltical complexion of the legislature will be
affected, as one senator and seven repre-
sentatiVes will have to be elected under
SPECIAL election to be called by the COVER
nor
The official count was received tonight
from Floyd and Knott county. Floyd gives
Goebel 1856 and Knott gives him 1853 pu-
rality. In the last tabulated returns
printed Wednesday morning from demo-
cratic .ources Goebel's plurality in the state
was figured at one vote. In this table, I'M
official, Floyd gave Goebe 400 plurality and
Knott 439 plurality. The official returns
from those two counties show a net loss
of 224 from the unofficial count.
GROWING MILDER