The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-07
BOARD HEARING ARGUMENT.
RIGHT OF COMMISSIONERS TO DE-
eide CONTESTS.

That Is the Question That the Ken
lucky Election Board Has to De-
termine-AuthOrity Is Denied by
Republicans and Upheld by Demo-
ernts-COmmissiOner Asked a Few
Questions-Matter of Tissue Ballots
Brought Up.
Frankfort, KY, Dec. 6.-The State Board
of Election Commissioners. sitting as a
contesting board, spent the entire day
hearing argument in the contested cleo
ton matter.
D. w. Farleigh, for the Republican side
brought up the question that the board
had no right to go behind the returns of
the county canvassing boards. He claimed
that no state in the Union permitted such
action, saying that the matter had been
decided in all the courts of the United
States, from the Supreme Court of the
nation down.
Commissioner Ellis asked if the decis-
ions did not show that the Court of Ap-
peals had decided that canvassing boards
had judicial power. Mr.. FarIeigh then
entered upon a long argument designed
W P4ON6 tlldl they Nlu lOl.
Judge Pryor, chairman of the commits
sioners, spoke up during pause in Mr..
Farleigh's argument, saying;
Il would like to invite the attention Of
counsel on both sides to this proposition,
and l would like to hear argument on il:
Suppose this board does undertake to ex-
anime returns, as the statutes say it shall
have the power to do, how far does its
power extend under the statutes?"
Mr.. Farieigh then made argument based
upon the assertion that the right of the
board of examiners to canvass the returns
gave it no power to alter the certified re-
suits of the county boards. He referred
to authorities to show that the board had
no right to examine anything but certified
results as anything outside of that was
only hearsay evidence and therefore not
admissible.
Position of the Democrats.
Mr.. Farleigh was followed by R. F.
Peak for the Democrats. Mr.. Peak claimed
that the state board had the right to de-
termine whether the returns before the
board are genuine.
Some of the returns before the board"
he said ''are not returns at ALL"
He claimed that in the case of Knox
county, where the returns were made un-
der the power of maudamus, the board
had a right 10 review and throw them out,
as not being the voluntary act of the Of
hcers of election.
Mr.. Peak argued that a return made
under such circumstances was clearly
within the revisionary powers of the
board and he asked that the board go be
hind the returns and declare the vote void
Mr.. Peak closed his address with a Wig
orous argument that the beard had every
right TO go b hind the returns and to ac-
cept the mass of evidence r ga ding alleg
ed fl auds in he ci y of Louisville, which
Secretary of State Finley declined to re-
ceive.
Alter recess Mr.. Wi 'son, for the Republic
cans, took up the election tables in the
passed count es. He VIZ Mt rap d Y over e CHI
allegat on, pointing out his objections and
declaring that none of The grounds gwen
would warrant the beard in refusing to
count the votes.
Question of Tissue Ballots.
The question Of tissue ballots was then
brought up. None of these ballots, to
which objection had been made by the
Democrats as being of tissue, are of tissue
paper as the word is generally under
stood. They are printed on very thin white
papers, such as newspapers commonly use
for the takiug of pro is. When he up 10
the light a black mark is pfa My discerni-
bic through several folds of the paper
Mr.. Wilson claimed that it was the duty
of the election officers 70 reject the ballots
when they were p esented and not wait Or
a numb of days before sending their
charges against them.
Let me ask you a question, Mr.. WIN
son. said Commissioner Ellis. Would
you consider a ballot invalid because it
was of sufficie0t thinness to enable the
stamp to be seen?"
mo, sir"
The speaker claimed that none of the
votes should be thrown out, on account
Of the paper on which they were printed,
for they had been accepted by the county
officials, and because in none of the cases,
where the election judges had certified
against the use of tissue ballots, had they
certified that the votes had not been prop
erly cast.
Lewis McQuowen of Bowling Green, for
the Democrats, argued that the tissue ball
lots were Illegal.
At the afternoon session Judge Alex P.
Humphrey appeared for the Taylor side.
The board then adjourned to $50 O'Clock
tomorrow