The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-12-07
A MOST ORDERLY AUDIENCE
Principal Argent on Going
Behins- 8 urnS.
JUDGE HARl s SPEAKS TODAY
.5$
Attorneys Cl = hat the Board Has
the Right cermine if the Re-
Here Hangs the Fight

Frankfort, Ky, December 6.--The flood
gates of oratory were opened promtly when
the election commissioners took their seats
toGay, and it rolled on for hours with
brief intermission at noon. The republi-
cans speeches were longer and more elab-
crate than those of the democrats, who
were apparently saving as much possi-
BILE of their time for Judge Hargis, of
Louisville, who tomorrow makes the great
argument for Goebel.
d. w. Fairleigh, of Louisville, made the
opening statement for the republicans; R.
F. Peak, of Shelbyvile, performing a SINH
lar office for the democrats. A. e. Will
son, of Louisville, spoke next for the re-
publcans, and Lewis Mcqueen, of Shelby
vile, replied for the democrats. A. p.
Humphreys, of Louisville, was put down
for the close of the republican arguments
and a general summing up of the case.
Judge Hargis closes the ball tomorrow.
The arguments We're carried on during
the day in the greatest possible harmony.
Not a single word was uttered by any of
those participating in the discussion that
might not have been spoken with proprety
at ladies' pink tea.
There is one hundred times more wrang-
ling in the average jusdceship case than
was heard in the arguments today, large
as the stake was for which the speakers
were contending.
The senate chamber was jammed to suf-
location by an interested throng of listen
ers. There was not a policeman anywhere
around the building, nor was there the
slightest need of one. A more orderly,
quiet audience was never gathered in a
church. Commissioner Ellis did all of the
talking from the bench.
Going Behind Returns
In beginning his argument, Mr.. Fair
leigh brought up the question on the right
OF the board to go behind the returns of
the county canvassing boards. He claimed
it had no such right; that no state In the
union permitted such action, saying the
matter had been decided in all the courts
up to the supreme court of the United
states. He cited authorities in support of
his position. If it had been the intent of
the statute, ne asked, that the canvasslng
board had the right to go behind the re-
turns, why should there have been any,
thing in the statutes providing for the cre-
alton of a contesting board?
Commissioner Ellis asked Mr.. Fraleieh If
III cdotS WHeTe the cdnNdSSlnR board mad
POSITIVE knowledge that the returns were
absolutely void, the board was, under the
statutes of the state, without power to ap-
ply any remedy.
Absolutely in my Judgment" was the
reply.
The right of the board to canvass the
returns gave 1t no power to alter the GER
titled results of the county boards
Mr. Peak for the democrats then entered
upon an argument to show that the board
was more than a counting match, even
While sitting as counting board as well as
a board of contests. He claimed that the
state had more power than the county
boards.
State boards Right
Mr.. Peak claimed that The state board
had the right to determine whether the re-
turns bfore the board are genuine Some
Of the returns before this board" he said
ARE not returned at ALL"
He claimed that in the case of Knox
county where the returns were made under
the stress of power of mandamus, the
board had right to review and to throw
1t out, as not being the voluntary act of the
officers of the election.
Mr. Ellis asked if the returns from Knox
county were in court. They were produced
and Mr.. Peak read the statement of the
election commissioners of that county that
they had made the returns under direct or
der of the court.
as That statement a part of the original
report" asked Mr. Ellis.
at came to the secretary of state in the
same envelope as tho original certificate"
Mr.. Peak then argued that return made
under such circumstances was clearly with
in the revsionary powers of the board and
he asked that the board go behind the re-
turns and declare the. vote void on the
ground that the certificate was the act of
partisan judge and not the work of the
county officers. The word "examine" in
that portion of the election law defining the
power of the board was then brought up
by the speaker.
"Why," he asked ''if this board was
meant to be nothing but 4 mathematical
machine, what was the necessity of insert
ing the word examine in the law? Under
the old law the powers of the board were
defined as being to meet and open the re-
turns
The word examine" had the effect of
giving the board the right to go behind the
returns upon the county certificates.
Mr. Peak closed his address with Wig
orous argument that the board had every
right - go behind the returns and to ac-
ccps the r-ass Of evidence regarding al
les f-3rdg h tie city of Louisville which
Continued On Second Page.