Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-11-18
1T IS SOUGHT To THROW OUT THE
VOTE OF LOUISVILLE.
FORMAL NOTICE is GIVEN
CALLING OUT OF MILITIA THE BASIS
FOR THE ACTION.
1t Is Declared That the Election Was
Military, Instead of Civil-Sena-
tor Lindsay Likely to He
the Anti-Goebel At
torney.

LOUISVILLE, Nov. IA question which, is
likely to have an important, If not de-
Gliding, influence on the contest for the
governorship of Kentucky was brought up
to-day by the canvassing board of Jefferson
county, which includes Louisville. Counsel
for the Democratic candidates gave notice
of a motion to throw out the vote of the
city because of the presence of militia at
the polling places on November I. The no.
| tice served on the commissioners follows:
For the Democratic candidates we now give notice
that, at the close Of the count and before any GER
tfcates be issued. We will move the board and all
its authorities that consider this election to de-
clare null and void the election held in the city Of
Louisville on the 7th day of November, 1889
Ftrst-Because of the usurpation of William u
Bradley in calling and illegally using the militia
and oyerawing and intimidatinS the voters and
officers OF and said election, and interfering with
the progress Of said election, and with the duties
! OF the officers Of said election
Second-Because S. B. Toney unlawfully usurped
power in requesting said William o. Bradley to call
out and said militia for said purpose. which call
was entirely unnecessary, and the civil authorities
were able and willing to execute any order made by
said court
Third-Because said militia used for the un-
lawful purpose aforesaid
Fourth-Because said election was not civil cleo
| tion, but military election
Fifth-Because the said of the said militia
was unlawful in every respect and criminal usurpa
tion Of power by said named persons. and thereby
the civil power subordinated to the military
power and an overt act of a reasonable nature
against the constitution of Kentucky commit
| ted
This action has been expected ever since
| the official count began. 1t was freely
reported on election day that, If the mill
| tia were called out, 1t would result m some
such step. With Louisville thrown out, Goe-
bel would have a safe plurality in the re-
| mainder of the state. This dispute will
| prolong and aggravate the fight, for the
Republicans will make every effort in their
| mower retain TayInr's pltr,alitv
LOUISVILLE, ky, Nov. 1.-THE official
| count was received tonight from Floyd
| and Knott counties. Floyd gives Goebel
! 156 and Knott gives him ass plurality. In
| the last tabulated returns printed Wednes-
day morning from Democratic sources
| Goebels plurality in the state was figured
| at one vote In this table Floyd, unofficial
gave Goebel 400 plurality and Knott 439
plurality. The official returns from these
| two counties show net loss of 224 from
| the unofficial.
| FRANKFORT. KY. Nov. 1.-THE prop
| osition to-day from Goebers lawyers to
| throw out the entire vote of Jefferson
| county. which includes Louisville. was not
wholly unlocked for by the Republicans
here. 1t is now said Senator Deboes visit
| here last night was for the purpose of as
| certaining definitely to what extent Gov
ernor Bradley would support Taylor in the
event that Goebel is given the certificate
of election, based on this proceeding. Sen
ator Deboe and Governor Bradley are not
| on speaking terms, and third party COM
municated with both of them Deboe says
| he is satisfied Bradley will stand by Tay-
| lor and will vigorously resist Goebel. Sem
ator Lindsay will be asked to act as one of
the attorneys for the anti-Goebel men be-
| fore the state election commission.
The Republicans have found a precedent
| established by the state election commits
sion last year in which the board, by a
unanimous vote, decided it was merely a
| canvaSsing board and had no power to
| pass on contests. This was the case of
| Mordecai Williams. Democrat, who filed q
contest for the certificate of election as
| congressman in the Ninth district, on the
| ground that fraudulent votes had been
| cast for Congressman Pugh in several
| counties. The board declined to hear the
| contest on the ground of lack of jurisdic-
| ton and awarded the certificate of elec-
| ton to Pugh on the face of the returns.
| Taylor'S lawyers now claim that under
| this decision, the vote of Johnson and
| Knox counties, at least, must be counted
| as certified. They have not given an opin-
| ion as to the bearing of this ruling on
| the Jefferson county case.
| If Jefferson county is thrown out, the
| political complexion of the legislature will
| be affected. as one senator and seven rep
resentatives will have to be elected under
a special election to be called by the
| governor.