Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1899-12-13
IN FAVOR OF TAYLOR.
Decision Reached by the Ken
lucky Election Board.
TAYLOR Is GIVEN CERTIFICATE.

TAYLOR IS GIVEN CERTIFICATE.
Tho Board Says 1t Connot Go Behind the
Returns-Two Reports Made, Majority
and Minority-The Latter Declares the
Democratic Candidates Were Elected
Last Month-The Calling Out OF the
Miiitia-tioebel Will Now Contest
Frankfort, KY, Dec. 1.-THE cleo
tion certificate Of William s. Taylor
has been signed by the election COM
missioner and he was declared to be
governor-elect Of Kentucky. The off,
cial figures Of the vote filed with Sec
rotary of State Finley, are: Taylor,
1913, TIA; Goebel, 191,3 1881. Taylor's plu-
rality, 1883.
Frankfort, KY, Dec. 1.-THE state
election board has decided that on the
face of the returns William s. Taylor,
the Republican nominee, was elected
governor last month, that it cannot 60
behind the returns and that therefore
he must be given the certificate Of
election. Two of the three members,
all of whom are Democrats, sign 1t.
The supporters Of Senator William
Goebel, the Democratic nominee, will
now carry the contest into the legisla-
ture. J. G. s. Blackburn, campaign
manager of the Goebelites, so an
nounced when an intimation of the
boards finding was conveyed to him.
Power of Election Board.
The majority report Of the board,
which is signed by Messrs. Ellis and
Pryor, reviews the laws defining the
boards powers, and reaches the con.
clusiOn that while sitting as a canvass.
Ing board, as at present, 1t has no pow-
er to 60 behind the face Of the re-
turns and that even If it had this pow
er the testimony submitted was not
Of legal character and would not justi-
fy the exercise Of the judicial function.
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
assume to exercise when sitting, as at
present in mere ministerial capacity.
'rT Functions Of u Court
"As board of contest it possesses
the powers and functions of court.
1t may set aside the original returns,
overthrow a prima facie case, and,
when authorized by the law and the
evidence, cast out precincts or whole
counties and award the certificate to
the candidate other than the one hav-
Ing a majority upon the face of the
returns. But these are powers which
the board can only exercise when sit.
ting as board of contest"
Having reached the conclusion that
on the face of the returns made by the
counties the Republican candidates
were entitled to be seated, the writer's
OF the majority report declare: 1T
would be monstrous to say that a per-
son appearing on the face of the re-
turns to have been elected to an office
of high or low degree. could be de-
prived Of that Office on mere ex parte
affidavits which he had never had an
opportunity to inspect and before he
had been given an opportunity to Of
fer evidence in his own behalf"
Calling Out of Militia.
Concerning the Democratic conten-
ton that the military force Of the state
was wrongfully and illegally called out
on the day Of the recent election with
q view to intimidate the citizens and
voters of the City Of Louisville, the
report says:
I'm justice to counsel and to our.
selves, we deem it relevant and peril.
nent to at least indicate our view on
the subject. 1t is fact, about which
we express no opinion, that the mi.
litia OF this commonwealth were called
out by the chief executive of the state
on election day, and if the governor of
the commonwealth was in fact present
In the city of Louisville, personally in
of the state troops as ar
gued, that presents condition which
does not meet the approval of this
board, and which in our opinion the
law unqualifiedly condemns"
Not Government by Injunction.
Concerning the further Democratic
contention that a circuit judge by man.
date forced the admission to the poll
ing places in Louisville of persons who
had no right to be there, the report
says:
1T is enough, however, to say, in
this connection that this is not
4 government by injunction, and when
the question is properly presented be-
fore u tribunal, having jurisdiction to
1eal with the subject, we predict with
confidence that the judgment of such |
tribunal will be swift and certain and |
hat 1t will be distinctly held that such |
performances on the part of any Judge |
n this state, whether of low or high |
1egree, are usurpations which cannot |
md will not be sanctioned by law"
The third commissioner, Mr.. Poyntz,
makes minority report declaring his |
belief that the Democratic candidates |
we're elected and should be seated.
Run Down by Train.
st. Louis, Dec. "a suburban pas
senger train on the Burlington road |
AN down a handcar bearing five men |
100 yards west of the bridge at Alton,
lis, killing two men outright and ia |
ally injuring two. The fifth man es-
,aped injury by jumping before the |