Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-12-09

cannot he deprived of life. liberty property except
by the due process Of law. is not due process
law IL he is not given opportunity to meet ms aa
versary and crossexamine the witness onefing
against him, and to produce testimony In his own Dc
half. 1t would be monstrous to say that person
appearing. the face Of the returns TO nave 9een
elected Office OF high or low degree. could oe
deprived of that office mere ex parte amdaNts
which he had had opportunity to inspect.
and before he had been given any opportunts oner
give evidence in his behalf. Such Is not, never
was. and will be. the law in any civilized
What we have said with respect the parte evil
Gence applies amended returns from certain coun-
ties, which. in every instance, only purport 10 nave
which do certify any fact authorized by the law
to be certified to this board
II is contended by counsel for the Democratic
candidates that the military force of the state was
wrongfully and Illegally called out on the day OF
the election, with view to intiniidating the
the reason already stated. answer is that We
cannot, mere canvassing board. consider the
grave and constitutional question which they seek
to enforce upon our consideration. But in justice
counsel and to ourselves, deem II relevant and
pertinent to at least indicate our view on the sub
ject.
1t is fact. about which express opinion, that
the militia of this commonwealth were called out
by the chief executive OF the state on election day
and. il the governor Of the commonwealth was, in
fact present in the city OF Louisville personally in
command Of the state troops as argued, that Pfc
sents condition which does not meet the approval
| of this board and which. in our opinion. the law
the civil authorities will not do in this country. 1t
will certainly not do in Kentucky for anybody oc-
cupyng official station seeking political prefer
ment call to his aid assistance the militia OF
the state.
Such conduct is not merely reprehensble in the
first place. but il cannot be tolerated for moment
by tho Anglo-Saxon blood. which is represented In
| the citizenship of this commonwealth. No law
writer of any respectablity and court. has ever
agreed that thing like this could be done in time
| of peace with impunity.
In the opinion he quotes extensively from
CoOley's Constitutional Limitations in sup
| port of the positions assumed. 1t continues
| as follows:
The doctrine announced above is the law of every
state in this republic. and, in proper case. with
| the facts properly shown before tribunal having
jurisdiction to deal with the subject the conclusion
10 which such tribunal would come Is no,, IN our
opinion clothed by the slightest shadow of doubt.
| But. for reasons already discussed this board may
not now sit in Judgment that question, nor does
1t intend, by what II has said, to commit itself to
any hard and fast line Of action in the future
Once more. counsel for the Democratic candidates
urged upon this board that 1t ought reject the
vote of the city of Louisville account OF the
official acts Of a circuit Judge who as counsel con-
4 tended with writs Of mandamus and mandatory in
| functions, not only forced, II is claimed. the
officers OF election to admit persons to the polling
places who legally had no right to be there, but
to certify returns which. 1t is suggested US, were
not IN fact true All of this for the stated.
| is apart from the jurisdiction of this board, at
present constituted II is enough. however in this
| connection, to say this is government by in
junction and when the question is properly presented
before tribunal having jurisdiction to deal with
| the subject. We predict with confidence that the
Judgment Of such tribunal will be swift and certain
and that 1t will be distinctly held that such per-
formances on the part OF any Judge in this state.
whether of high or low degree. usurpations
which can not and will not be sanctioned by law
II the people of Kentucky noted for anything
it is for fair dealing Any attempt intimidation,
coercion or oyerdrawing is resented by every citizen
OF the state and no officer can with impunty
else the functions of his place for the purpose OF
controlling the lawful actions of the citizens,
put him in fear, except as he has committed some
public offense. We regret have regarded II
necessary In view of questions before US, extend
this opinion to such length.
| 1t results from what has already been said tina,
the certificates on the face OF the returns before
should be issued to William S. Taylor. the Repub-
lcan candidate for and to the other candi
| Gates on the Republican state ticket with him. and
It is ordered
The following is the gist of the minority
report which Will be read by Commissioned
Poyntz:
agree with my fellow members of the state cleo
ton board that the Democratic candidates legal
y elected the general state election held Noyem-
Der a. 1899 and this fact is shown by the certcates
boards.
sue ballot matter, declaring that, in his
4 opinion their use should have rendered
void the election In. the counties of Pike
Johnson. Knox and Magofin-. The charges
of military Intimidation at the polls IL
Louisville is then discussed and the opinion
given that the election in Jefferson county
I should be declared void.
There has been a great amount of money
bet on the election throughout Kentucky
as to who would be the next governor Of
the state, and the bettors are trying t
decide whether, If Taylor is declared gov
ernor and later ousted by legislature a.
not being legal incumbent, he was. il
fact, actually governor at ALL in the eye:
of the law. The Taylor bettors construe i
one way, and. naturally, the Goebel mel
figure it out differently. There has been Sc
much money wagered on the outcome tha
the thing has really serious side to it.
The story that Judge Pryor will resig,
at the conclusion of the boards session to
morrow is untrue. Both he and Commits
, sioner Ellis have lost all love for the posi-
ton of election commissioner, and botl
will retire after time. but neither will
! offer his resignation until all contests
arising from the late elections have beel
| dispoSed Of