The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-09

to BayOnet RuIe-COntest Before
the Legislature Considered Inev-
liable on the Ground of Fraud.
FRANKFORT, KY, Dec S-The state
board of elections tonight officially de-
clared that w. 8. Taylor, for governor,
and the rest of the Republican ticket,
have been elected, on the face of the re-
turns. Commissioners Ellis and Pryor
signed the majority report, in which they
hold that as a board of canvassers they
have no right to go behind the returns
OF the county board; that their duties are
purely ministerial as canavssers; that the
face of the returns, as received by them
from the counties, show the election of
the Republican state ticket, and certif-
icates of election were ordered issued to
each candidate thereon.
Extensive preparations are being made
to inaugurate Taylor next Tuesday.
MAJORITY FINDING.
The following is the opinion of the cleo
ton commissioners in the gubernatorial
contest:
Occupying a place we did not seek.
we would glady escape the discharge of
delicate and responsible duties which at
the present moment confront u.s. But
having voluntarily assumed the respon-
s1bilit1es of SO important trust, our
duty is plain. We are not at liberty to
depart from elementary principles or to
allow partisan zeal to force up to any
conclusion which is not approved by our
Judgment and sanctioned by the law
In reaching a conclusion in this case
we are compelled to construe for the
first time the statute under which we act
In considering the questions subm tied
we must be guided by the rules of law.
We cannot break from the beaten path,
Tor 1t is the safe path We consider,
hrst, the question as to whether or not
the power conferred upon US as can
vassing board authorizes us to exercise
Judicial powers. An appeal to the provis-
ions OF the statute ought to furnish a
ready answer to this question What
ever powers and jurisdiction 1t confers
we may lawfully exercise; what
ever powers and Jurisdiction it
does not we may not lawfully
assume to exercise. We did not make
the law, fix our authority or mark the
limit Of our jurisdiction. If the law fails
to clothe this board, sitting as a can
Vassing board, with jurisdiction and pow
er to look into and revise election returns
as certified by the proper authorities
from the various counties of the state,
we cannot write into the law such au hor-
ity. We have no right to add to or sub
tract from the plain terms OF the stat
ute
After quoting extracts from 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 commissioners,
when sitting as a board of contest, IS
clothed with powers and jurisdiction
which it does not possess, and cannot as
sumo to exercise when sitting, as at
present, in a mere ministerial capacity
AS board of contest it possesses the
powers and functions of court. 1t may
set aside the original returns. overthrow
prima facie case, and when authorized
by the law and the evidence, cast out pre-
cincts or whole counties and award the
certificate to the candidate other than the
one having majority upon the face of
the returns But these powers the board
can only exercise when sitting as a board
of contest"
The majority report concludes that the
board can, on face Of returns, only award
certificates of election to the Republican
candidates.
MINORITY REPORT.
The following is the gist of the minority
report which will be read by Commission
er Pointz:
Il agree with my fellow associates Of
the state board of election that the Dem
ocratic candidates were legally elected at
the general state election, held Nov Z,
1899, and this fact is shown by the certif-
icates offered to this board by the sew
eral county election boards"
Mr.. Pointz then goes briefly over the
tissue ballot, declaring that in his opin-
ion their use should have rendered void
the elections in the counties of Pike,
Johnson, Knox and Magoffin. The
charges of military intimidation at the
polls in Louisville were then reviewed
and the opinion given that the election in
Jefferson county should be declared void.
The opinion concludes:
II am no lawyer, but believe that the
laws intend to bring about justice and
that the law does not require the issu-
ance of certificates to candidates who are
shown by the returns before this board to
have been defeated. I am not willing to
certify to fraud and to turn Kentucky
over to the candidates of the bayonet,
atling gun and fraudulent tissue ballot
1 therefore respectfully decline to Join
with my colleagues In granting certif-
icates to the Republican candidates. and
believe certificates of elections should be
issued to the Democratic candidates.