The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-04
Presence Of Military and Federal Officers
Is Used as an Argument.
THE LAW CAN Be VARlOUSLY CONSTRUED
Many People VIII be mt the Capital
to Witness the Canvass by
the state Board.

Frankfort, Ky, December AT noon
tomorrow the State board of election COM
missioners of Kentucky will meet to can
vass the returns from the last State cleo
tion and to decide whether Goehel or Tay-
Tor is entitled to the certificate of election
as governor. There is not much proba-
bility that the matter Will be settled to-
morrow and it may be Wednesday or later
before certificate is issued. Both sides
express themselves as confident of the
outcome but no one can predict with accu-
racy the decision which Will be arrived at
by the board.
The certified returns from the county
boards now on file with the secretary Of
state give Taylor plurality of 24S5, but
the democrats declare that enough Of these
votes will be thrown out and that Goebel
will be awarded the certificate. The Ken
lucky election law is capable OF divers
constructions and the definite conclusion
OF the board will rest very Target. upon
how its members decide 10 construe cer-
tain portions OF the statute That por-
ton of the law upon which the repubii-
cans rely is as follows;
''Section 9.--SaIa State board OF election
commissioners snail consist of three
members After an election ios gov
ernor, lieutenant governor or cSher ON
GERS elective by the votes OF the whoie
State or more than one county, IL shail
be the duty OF the board OF canyassero
of the returns for each county immedi-
ateIy after the examination OF such re
turns, TO make Two certificates IN WIRING
over their signatures. OF the votes given
in the county for each of the candidates
for any OF the said offices and the mum
her of votes for or against such ques-
tions or constitutional amendments. one
of the certificates shall be retained IN
the clerks office, another the clerk snall
send by the next mail under cover 10
the secretar'r of state.
Sec. .. Said state board Of election
commissioners shall be board Tor eA
aiming and canvassing the returns OF
election for any of the officers namea III
the last election Of this act. =,
First. 1t shall be the duty OF said
hoard when the returns are all in, or
on the fourth Monday after the election.
whether they are in or not, to make OUT
in the Office of the secretary OF state from
the returns made, duplicate certlncates
in writing over their signatures OF the
election of those having the highest num-
her of votes, one certificate to be re-
tanned in the office, the other sent by man
TO the person elected. If the returns are
not made, the right TO contest an eieo'ioh
shall not be impaired
The republicans assert that inasmuch
ne. according 10 the law, certiiicate oil
election Is due thereupon having the Iars-
est number OF votes according 10 the
checks of the county boards, IL VIII Do
impossible for the board TO do otherwise
than return a certificate IN favor OF ray
lor he having majority of 2435 accord
ing TO the certificates now on file with the
secretary of state. There is loophoie
in the very sections upon which the re-
publicans rely which may Work against
them. 1t is said: THE said State board
shall be board of examining ana can,
yassing the returns" How the board will
construe the word examining is mat
fer of doubt The same words exactly
are used In defining the power of the varl-
Gus county boards and under this wording
they have claimed and used the power
10 reject votes which they believed were
Illegally cast II the county boards have
This mower over precinct returns why, the
democrats ask. has not the State board
exactly similar powers over coun'y re-
turns in passage of the law defining
It's powers IN lOentical itusua
With the certificates OF the commissions
ers OF Jefferson county giving Taylor a
plurality OF 34f2 votes was filed mass
of evidence that many of these votes were
Illegal and it is not among the impossl-
bilities that the State board may so con-
strue its powers under the word "examin-
ing, as TO declare that it has the power
10 reject these votes II 1t does. Mr.. Goe-
bel gets the certificate. The main reliance
of Goebel is upon contrasting Jefferson
county. which means the city OF Louis
Vile. This vote according to the returns,
show plurality for Taylor OF 3442 and y
the democrats succeed in having IL
thrown out it means the defeat of Taylor
and of every other candidate upon the re
publican ticket. The democrats are con-
resting the Louisville vote chiefly because
nj Governor Badley's action in ordering
the militia under arms and the alleged
presence at the polls of deputy United
states marshals They also base their
contest on tie fact that inspectors Of the
GROWN party forced their way into the
Railing booths aud usurped the function
Of offices OF election. The republicans