Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-12-09
COEBEL GIVES IT UP,
Re|inquishes All Hope Of OBJ
tanning Election Certificate.
CONTEST IN LEGISLATURE,
Whether This Shall Be Made Not
YET Determined.
OTHER DEMOCRATIC CANDIDATES
They VIII Continue Their Fight He
fore the State Contest BOard-Much
Money bet on Election Outcome
Disposition Of II "a serious Matter.

Is really yet 10 De uelcIthlllcu. IL VIII
depend very largely upon the wording Of
the opinion which Commissioners Ellis
and Pryor will hand down at 10 O'Clock
tomorrow morning. II II implies that
the commissioners believe fraud was
committed. which might invalidate the
election, did they, as a canvassing board,
have the legal right to go behind the
certified returns, contest will be made;
otherwise. it is uncertain.
The Democratic candidates for the
minor offices on the State ticket. acting
on the belief that the commissioners
opinion will contain implication Of fraud,
have already decided to fight before the
State Contest Board for the positions 10
which they believe themselves entitled.
They held several conferences during the
day. but it was not definitely determined
until o'clock in the afternoon TO make
the contests.
Commissioners Ellis and Pryor were
| busy all day writing their opinion, and
it was dark before Mr.. Ellis. who did
| most Of the writing, had finished his task.
Neither he nor Judge Pryor made any
denial Of the fact that they would decide
| that Taylor is entitled to the certificate.
They would not discuss the matter, but
tactly admitted that it was true.
POLITICIANS DEPARTING.
| Politicians Of both parties departed in
great numbers during the day. and the
town tonight is practically deserted All
|
| have left for home, the former going this
morning and the latter this evening.
Colonel Jack Chinn. who has been at
| tached to the Goebel headquarters, left
late this afternoon, remarking, with a
laugh, as he passed through the hotel
door: II guess it is all Up with us for
this time"
There has been a great amount Of
! money bet on the election. throughout
| Kentucky, as TO who would b. the next
| Governor Of the State, and the bettors
are trying TO decide whether, if Taylor
! IS declared Governor. and later ousted By
the Legislature as not being a legal in
cumbent he will, I'm fact, have actually
| been Governor at all. in the eye of the
! law. The Taylor bettors cOnstrue II one
| way. and naturally the GOebel men figure
/ it out differently. There has been so
much money wagered on the outcome that
| the thing has really a serious side TO IT.
THE COMMISSIONERS OPINION.
FRANKFORT. KY, December S.-The
following is the opinion, in part. OF the
election commissioners, in the guberna-
torial contest
In reaching a conclusion in this case
we are compelled TO construe for the frst
| time the statute under which We act. IL
has not received judicial construction or
I ., hg ~ ,f auk
This OF itself adds to our embarrassment,
and. if possible. TO the magnitude OF the
! disaRreeable task before us. The capital
| question on the threshold Is what are the
powers and jurisdiction Of the State
Board OF Election Commissioners, sitting
as a canvassing board. which is the char
acter in which it now acts? Are our
powers purely ministerial, or are they
both ministerial and judicial? May TINS
board. under the law. acting as a mere
hoard of canvassers, 20 70 the bottom Of
any and all irregularities, misconduct
and frauds. If any. which may have been
| committed In the recent election, and, on
the whole case determine whether or not
what now appears on the face OF the re-
turns IS true or false?
! "There is. however, one other material
question involved In this proceeding. IL
Is this: II we find, under the law, mat
this board, sitting as a canVasslng Doafu'
is clothed with judicial powers, the 1ues-
ton is. Are the papers 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 10
| establish any facts In considering the
Questions submitted we must be guided
| Nv the rules of law. We cannot depart
from the beaten path, for II is the sate
! patr. ..,., nc 10
whether or not the powers conferred on
ms as a canvassing board authonze US 10
| exercise judicial powers. An aptedi 10
the provisions of the statute ought 10
furnish = ready answer 10 this question.
Whatever powers and jurisdiction 1t has
not conferred we may not lawfully as
| sumo 10 exercise
| THE GOEBEL Law.
After quoting extracts from the new
election INV. defining the powers or the
board. the opinion reads:
III is evident from the law mat the
| Stote Board OF Election Commissioners,
when sitting as board OF cont ST. ,"
clothed with bowers and jurisdiction
which ii does not possess, and cannot as
| s,,ne 10 exercise, when sitting, as AT
nresent. i'm "A merely ministerial capacity.
"As a board Of contest, IL pOSScSScS INC
novers and functions Of q court. 1t may
| cor aside the original returns, overthrow
| a prima facie case. and when authorized
| Inv the law and the evidence cast OUT
nyectncts or whole counties, and award
The certificate 10 a candidate other tnan
tho one having a majority upon the race
of the returns But these are powers
which the board can only exercise "heh
citing as a board OF contest.
TESTIMONY EX PARTE.
.Rut the question as TO whether or
no, the powers and jurisdiction OF TINS
hoard as at present organized are purely
n,,n,storial or both ministerial ana
tudicial. Is not OF supreme importance IN
his proceeding. when we come TO con-
slider the papers and documents onered
as testimony and upon which we are re-
quired TO act.
'These papers are clearly incompetent
testimony for any purpose, and II would
he SO held we apprehend, not only in
all courts but II would be held by US II
we were now sitting as board OF con-
test.
.It would be monstrous 20 say that n
rerson appearing on the face OF the re-
turns to have been elected TO an once
OF high or low degree could be deprived
of that bffice on mere ex parte afiidavits'
which he had never had an opportunity
ha had beRn given