The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1899-12-13
AWARDED TO TAYLOR.
Republican Candidate for Cover
nor of Kentucky Given Ger
tificate Of Election.

Frankfort. Ky, Dec. AT 9:45 this
morning the election certificate of Will
liam s. Taylor was signed by the cleo
ton commissioners and he was declared
to be governor-elect of Kentucky. The
official figures of the vote filed with the
secretary of state, Finley, are: Taylor,
1913. ia; Goebel, 191,331. Taylor's plu-
rality, 1888.
Frankfort, KY, Dec. 9.-The state
board of elections tonight gave out their
official findings that w. S. Taylor for
governor and the rest of the Republican
ticket have been elected on the face of
the returns. Commissioners Ellis and
Prior signed the majority report, in
which they hold that as board Of can
vassers they have no right to go be-
hind the returns of the county board,
that their duties are purely ministerial
as canvassers, that the face of the re-
turns as received by them from the
counties show the election of Republican
state ticket, and certificates of election
were ordered to be issued to each cand-
date thereon. Commissioner Poyntz
presents minority report, which he
closes by saying:
Il am unwilling to certify fraud and
to turn Kentucky over to the control of
the bayonet, Calling gun and the
fraudulent tissue baiiors''
The majority in its report says:
Incompetent Testimony.
The question as to whether or not the
powers and the jurisdiction of the board.
as at present organized, are purely minis
terial or both ministerial and judicial, is
not OF supreme Importance in this proceed
ing, when we come to consider the papers
and documents offered as testimony and
upon which we are requested to act These
papers are clearly incomDetent testimony
DlrDOSQ ha hold
we apprehend, not only in all courts, but it
would be so held by us if we were now Sit
ting as board of contest. If this board
was clothed with unlimited judicial pow
ers it would not consider the ex parte
statements and extra and official statements
here submitted. 1t could no do so without
violating the most familiar rules Of evil
dence
1t would be monstrous to say that per-
son appearing on the fact of the returns TO
low degree could be deprived of that office
on mere ex parte affdavits. What we have
SAID with respect to the ex parte evidence
applies also to the amended returns from
certain counties, which in every instance
only purport to have been signed by ma
lorlty OF the county boarGs and which do
not certify any fact authorized by the law
TO be certified to this board.
Militia at the Polls.
For the reason already stated we can
not as mere canvassing board consider
which they seek to enforce upon our con-
sidera ton.
1t is a fact, however. about which we
express no opinion, that the militia of
this commonwealth were called out by
the chief executive of the state on cleo
ton day, and if the governor of the COM
monwealth was in fact present in the
city OF Louisville in command of the state
troops as argued, that presents a condi-
ton which does not meet the approval of
this board and which in our opinion the
law unqualifedly condemns The orders
and command Of the civil authorities will
not do IN this country. 1t will certainly
not do in Kentucky for anybody occupy
ing official station or seeking political
preferment to call to his aid or assistance
the militia of the state. Such conduct is
not merely reprehensible in the first place,
but it cannot be tolerated for a moment
by the Anglo-Saxon blood which is repre-
sented in the citizenship of this common
wealth. No law writer of any respecta.
biilty and no court has ever agreed that
q thing like this could be done in time of
peace with impunity. The doctrine laid
down in Cooley's constitutional limita-
tons is the law of every state in this re-
public.
Judicial Usurpation.
Counsel for the Democratic candidates
urged upon this board that it ought to
reject the vote of the city of Louisville
ON account of the official acts of a cir
cult judge Who as counsel contend, with
Writs of mandamus and mandatory in
functions, not only forced the officers
of the action to admit persons to the poll
ing places who legally had no right to
be there, but who by mandatory process
required election officers to certify re-
turns which it is suggested to us were
not in fact true. All of this. for the
reasons stated is apart from the jurisdic,
ton of this board as at present constitute
ed. 1t is enough, however, in this con.
nection to say that this is not a govern
ment by injunction and when the ques-
ton is properly presented before q tri.
bunal. having jurisdiction to deal with
the subject we predict with confidence
that the Judgment of such tribunal will
distinctly held that such performances
on the part of any judge in this state,
whether of high or low degree, are usur,
pations which cannot and will not be
sanctioned by law.
If the people of Kentucky are noted
for anything it is for fair dealing. Any
attempt at intimidation. coercion, OF
overdrawing is resented by every citizen
of the state and no officer can with i'm
punity exercise the functions of his place
for the purpose of controlling the lawful
actions of the citizen or to put him Ill
fear. except as he has committed some
public offense We regret we have re
garded it necessary in view of questions
before us to extend this opinion to such
length.
1t results from what has already been
said, that the certificates on the face OF
the returns before us should be issued tC
William S. Taylor the Republican can,
didate for governor and to the other can.
didates on the Republican state ticket