The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-12-09
BOARD DECIDES FOR TAYLOR.
A Minority Opinion by Mr.. Poyntz
Declares For Goebel.

Frankfort, Ky, Dec S.-The follow
ing is the opinion in part, of the Elec-
tien Commissioners in the gubernato-
rial contest:
After quoting extracts frcm 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 Commits
sioners, when sitting as a board Of con
test, is clothed with powers and juris-
diction. which it does not possess and
cannot assume to exercise when sitting
as present in a mere ministerial capacl-
ty.
..As a board of contest it possesses
the p0wers and functions of court. lit
may set aside the original returns, over
throw prinl facie case and when
authorized by the law aud evidence cast
out. precincts or whole counties and
award the certificates to the candidate
other than the one having majority
upon the face Of the returns. But these
are powers which the board can only
exercise when sitting as a board of con-
test.
But the question as to whether or
not the powers and jurisdiction of this
board as at present organized are pure
liz ministerial or both ministerial and
judicial, is not of supreme Importance
IN this proceeding when we come TO con-
slider the papers and documents offered
as testimony and upon which we are re-
quested to act
"'rhese papers are clearly incompe-
tent testimony for any purpose and it
would be so held, we apprehend, nor
only in all courts, but it would be held
by us If we Were now sitting as
board of contest.
1T would be monstrous to say that Il
person appearing on the face of the re-
turns to have been elected TO an office
of high or low degree could be deprived
Of that office on mere ex parte afiida-
Wits which he had never had an oppor-
tunity to inspect and before he had given
any opportunity to offer evidence in his
own behalf Such is not. never WAS, and
never will be, the Law ia any civilized
State in the world.
III results from what has already
been said, that the certificates. on the
face Of the returns before US, should be
issued to William s. Taylor, The Repub-
iican candidate for Governor and to the
other candidates on the Republican
Seat ticket with han and il is 50 or
dered'
Commissioner Poyntz has prepared a
minority opinion in which he declares
his belief that the Democratic candidates
were legally elected aiId that the use Of
tissue ballots should have rendered void
the election in several counties. lie de-
nounces the use of militia on election
day as reprehensible and intolerable in
any Anglo-SaxOn community.
Commissioners l1llis and Pricer were
busy all day writing their opinion and it
was dark before MIR. Ellis who did most
of the writing, had finished his task.
Neither he nor Judge Pryor made any de-
nial Of the fact that they would decide
that Taylor is entitled to the certificate.
They would not discuss the matter, but
tactitly admitted that it was true.
Politicians OF both parties departed in
great numbers during the day and the
town tonight is practically deserted. All
the Democratic and Republican, attor-
neys have left for home, the former going
this morning and the latter this after
noon. Colonel Jack Chnn, who has
been attached to the Goebel headquar-
tiers, left late this afternoon remarlSing
with laugh as he passed through the
hotel door:
Il guess it is all up with US for this
time
There has been great amount OF
money bet ON the election throughout
Kentucky as to who would be the next
Governor of the State and the betters are
trying to decide whether if Taylor is ue-
clared Governor and later ousted by the
Legislature as mot being a legal incllnl-
bent, he was i'm fact actually Governor
Mt all in the eyes of the law. The Tay-
Tor betters construe it one way, and ma
turally the Goebel men figure it out diff
ferently. There has been so much mon
ey wagered on the outcome that the thing
has really serious side to it.