The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-07
UPON THAT POINT DEPENDS THE
RESULT OF THE ELECTION
IN KENTUCKY
POWERS OF ELECTION BOARD
DEMOCRATIC LAWYERS CONTEND
THEY EXTEND TO GOING BACK
OF THE RETURNS
REPUBLICANS SAY DIFFERENT

County Boards, and Upon the
Face of Them Issue Election Ger
tiacates-AII Depends Upon What
Is Done With Jefferson County.
FRANKFORT, KY, Dec. 6.-The flood
gates of oratory were opened promptly
when the election commissioners took
their seats today, and 1t rolled on for
hours with a brief intermission at noon.
The Republican speeches were longer and
more elaborate than those Of the Demo
Gratis, who were apparently saving as
much as possible Of their time for Judge
IIargis, Of Louisville, who makes the
great argument for Goebel.
D. w. Farleigh, of Louisville, made the
opening statement for the Republicans.
r. w. Peck, of Shelbyville, performed
similar Office for the Democrats. A. E.
Wilson, Of Louisville, spoke next for the
Republicans and Leads Mcqueen, of
Ehelbyvile, replied for the Democrats.
Judge Humphrey, of Louisville, was put
down for the close of the Republican
argument, and q general summing up Of
the case. Judge Hargis closes the ball
tomorrow
Arguments were conducted during the
day with the greatest possible harmony.
Not single word was uttered by any
of those participating IN the discussion
that might not be spoken with propriety
fit lady's pink tea. There is more wrang-
ling In an ordinary Justices court than
was heard today, large as the stakes We're
There was no sign Of uniforms among the
crowd Of listeners. There was not a
policeman anywhere round. Not a more
orderly audience could have gathered in
a church. Commissioner Ellis did all the
talking for the bench.
The Republicans finished their talking
tonight, and Judge Hargis, of Louisville.
will commence the closing argument for
the Democrats at $3.50 tomorrow morning.
it is generally understood he will conf1ne
himself largely to the issue in jefferson
county.
POWERS OF BOARD.
Mr.. Peak entered upon an argument to
show that the board was more than a
counting machine, even while sitting as a
canvassing board, as we'll as a board of
contests. He claimed that the state
beard had more power than the county
boards.
You appoint them,' he said, "and YOU
surely have more power than those YOU
appoint
Mr.. Peak said the first thing he desired
tc take up was the matter of amended re-
turns, and this thing, which had been in
uoduced by the Republicans, came with
slngularIy bad grace from them. He
dwelt on the fact that amended returns
were admitted into the ease of Green
county upon the motion of the Repub-
hcans.
Mr.. Peak claimed that the state board
had the right to determine whether the
returns before the board are genuine
Some of the returns before the 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 mandarnus
the board had a right to review and
throw 1t out as not being the voluntary
act of the officers of election.
Mr.. Peak then argued that a return
made under such circumstances was
clearly within the revisory powers of the
BOARD, and he asked that the board go
behlnd the returns and declare the vote
void, on the ground that the certificate
was the act Of a 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 speak
er
Why" he asked, ''if this board was
meant to be nothing but a mathematical
machine, what was the recessity of in
seIung the word examine in the law"
Under the old law, Mr.. Peak said the
powers of the board were defined as be-
ing to meet and open the returns The
word examine he claimed had the
erect of giving the board the right ia
go behind the returns of the county certff-
icates
Mr.. Peak closed his address with a Wig
orous argument that the board had every
right to go behind the returns. and to ac.
cept the mass of evidence regarding al.
legged frauds in the city of Louisville
which Secretary Of State Finley declined
to receive.
THE OTHER SIDE.
After recess Mr.. Wilson, for the Re
publicans, took up the election bills ir
the passed counties" He first took III
Christian county, in which the allegatione
Were made that during the election in one
precinct ballot box was opened to ner.
NIT the stamping Of a ballot which had
been placed in the box unstamned +he
suspension Of the voting while the cleo
tlon ohlcers wrangled, the failure of the
clerk Of the election properly IN etanor
some of the ballots, etc Mr.. Wilson Wen,
rapidly over each allegation, pointing ON
his objections and declaring that none nj
the grounds given would warrant thu
board in refusing to count the votes. HI
pursued the same course with Flenins
county, where the judges had offered :
new certificate, giving less votes to al
the candidates than that filed bv then
at first He read evidence to prove thu
the second certificate was filed ninetaey
days after the first one had been entered
and urged therefore that it was mad
missable.
In Green and Harrison counties the CON
test was withdrawn. jefferson was re-
served for later agrument, and Mr.. vii
son then took up Knox county. wher,
the Democratic contest is based upon tn,
allegations of tissue ballots and interfer
ence by the courts. The Democrats haC
claimed, he said, that they had been com
PEELED to file their certificate by a wri
of mandamus.
The attorney read the statements @
the election commissioners in which the,
declared they were in the act Of makini
out the returns when the writ of man
damus was served upon them If the,
were only ordered to do, he contended
what, by their own statements, they wer
actually engaged in doing when seryet
with the writ they would have no caus
to form complaint. The writ, he claim
ed said nothing about the manner ii
which they were to count the vote. They
were only ordered to go ahead and coun