The citizen., 1899-12-13
GIVEN TOTAYLOR
Majority Of the State Election Board
Decide In Favor Of Him.
The Bettors ON the Election Are All
40 sea ss ca the Final Out
come-JudHe Pryor VIII
Not Resign.

Frankfort, Ky, Dec. O.-All pre-
tense OF a fight for the certificate of
election as governor has been given
up by the Goebel people, whether or
not contest will be made In the leg
islature Is yet TO be determined. IL
will depend very largely upon the
wording Of the opinion which Com
missioncrs Ellis and Prior will hand
down at 10 o'clock Saturday morning.
II IL implies that the commissioners
believe fraud was committed which
might inyalidate the election did they
ms cnnyassing board have the legal
right to 20 behind the certified re-
turns, IL IL almost certain q contest
will be made. Otherwise IL IL uncer-
tain.
The democrntic candidates for the
minor offices on the state ticket, act
ing on the belief that the commits
sioners' opinion will contain implica-
tions Of fraud. have already decided
10 fight before the state contesting
board for the positions 10 which they
believe themselves entitled. They held
several conferences during the day,
but II was not definitely determined
until 3 o'clock In the afternoon 20
make the contests. Commissioners
Ellis and Prior were busy all day
writing their opinion. and IL was dark
before Mr.. Ellis, who did most of the
writing, had finished his task.
The politicians OF both parties de-
parted rom Frankfort in great num-
bcrs during the day and the town
Friday night was practically desert
ed. All the democratic and republic
an attorneys have left for home. the
former going Friday morning and the
latter Friday afternoon. Col. Jack
Chinn. who has been attached to the
Goebel headquarters, left late Friday
afternoon, remarking. with a laugh,
as he passed through the hotel door:
II guess u II all up with us for this
time" There Is no indication of any
trouble. 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 betiors are trying 20
decide whether II Taylor is declared
governor. and later oustcd by the leg
islature ms not being a legal incum-
bent. he was in fact actually govern
or at all in the eyes Of the law. The
Taylor bettors construe IL one way.
and naturally the Goebel men figure
II out differently. There has been so
much money wsgered ON the out
come that the thing has a serious
side TO IL.
The story that Judge Pryor will re-
sign at the conclusion of the boards
session Saturday In untrue. Both he
and Commissioner Ellis have lost all
love for the position of election COM
missioner, aud both will retire after
time, hut neither will offer his res
from the late election have been dis
posed Of.
The opinion Of the state board OF
election commissioners was given out
late Friday night. II Is in part as
follows:
Occupying a place we did not seek,
we would gladly escape the discharge
of the delicate and responsible duties
which at the present moment con-
uhs
But having voluntarily assumed the
responsibility of so important trust
our duty is plain. We are not at lib
erty 90 depart from elementary prin-
ciples, or 10 allow partisan zeal TO
force us 90 any conclusion which Is
not approved by our judgment and
sanctioned by the law.
N raaahtnaW aAnalUatAs, k.,
case we are compelled 90 construe
for the first time the statue under
which we act. IL has not received
judicial obstruction or Interpretation
at the hands OF any court. This
of itself adds to our embarrassment.
and II possible. To 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 COM
missioners sitting as a canvassing
board, which Is the capacity in which
II now acts. Are our powers purely
ministerial or are they both ministe-
rial and judicial?
The majority report agrees that
the board has no right to go behind
the returns. Their report winds up
with the following;
But for reasons already discussed
this board may not now sit in judg-
ment on that question, nor does it
intend by whTt IL has said 10 commit
itself 20 any hard and fact line of ac-
tion In the future. Once more, coun-
sci for the democratic candidates
urged upon this board that il ought
60 reject the vote Of the city of Louis
Vile, on account of the Official acts
OF a circuit Judge who, as counsel
contend. with writs of mandamus and
mandatory injunctions, not only fore
ed, as IL Is claimed, the officers of
election To admit persons TO the poll
ing places who legally had no right
90 be there, but who, by mandatory
process, required election officers 60
certify returns which IL is suggested
20 MS were not In fact true.
"All of this for the reasons stated is
apart from the jurisdiction OF this
board as at present constituted. lt