The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-07
Counsel Argue the Right Of State
Election Commissioners
To Go Behind the Returns Sent IN BY ihs
County canvassing Boards.
The Flood of Oratory Opened
Promptly When the Contesting
Board Met Yesterday, Continu-
ing Throughout the Session.
Which Will BE Continued To-
Day. 4

FRANKFORT (Ky.), Dec. &. The
| f1oodgates of oratory were opened
promptly when the Election Commits
sioners took their seats to-day, and it
rolled on for hours with a brief inter-
mission at noon. The Republican
| speeches were longer and more elab-
crate than those of the Democrats, who
apparently are saving as much as pos
sible of their time for Judge Hargis OF
Louisville, who tomorrow makes the
great argument for Goebel.
D. w. F. Farleigh of Louisville made
the opening statement for the Repub-
| licans, R. F. Peak of Shelbyville per-
forming a similar office for the Demo-
Gratis. A. E. Wilson of Louisville spoke
| next for the Republicans, and Louis
McQuowen of Shelbyville replied for the
Democrats. H. H. Humphreys of Louis
vile was put down for the close of
Republican arguments. and a general
summing up of the case. Judge Hargis
closes tomorrow. The arguments were
| carried on during the day in the great
est possible harmony.
The Senate Chamber was damned to
suffocation by an interested throng OF
listeners There was not a policeman
oily NuOl z OuliQ Lie pulidluS, uOl No-o
there the slightest need of one.
The Commissioners, sitting Con-
test Board. met at 10 o'clock in the
State Senate Chamber.
In deciding the course of the argu-
ment it was arranged that the Demo-
cratic attorney should have the close.
The Republicans agreed to open, and
D. w. Farleigh. for their side, brought
lo
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.
Mr.. Farleigh apologized to the court
for going into elementary law, but he
declared that the question before the
board was of such a plain and simple
| nature that it was necessary. He then
cited authorities to support his position.
If it had been the intent of the statute
that the Canvassing Board had the
right to go behind the returns, he asked,
why should there have been anything
in the statutes providing for the crea-
ton of Contrasting Board.
In answer TO a question, MI. FdIlelSL
entered upon a long argument designed
to prove that the decisions did not show
that the Court of Appeals had decided
that Canvassing Boards had judicial
power.
Commissioner Ellis asked Mr.. Far
leigh if in cases where a Canvassing
Board had positive knowledge that the
returns were absolutely void, the board
was under the statute without power
to apply for a remedy
Absolutely so in my Judgment was
the reply.
Mr. Farleigh concluded at IL 40, say
ing it was simply a plain statement
of the Republican side
He was followed by r. F. Peak for the
Democrats.
A. E. Wilson then addressed the board
for the Republicans and was followed
by Louis McQuowen for the Democrats,
when the board adjourned till to-mor-
row.
STATE GUARD INSTRUCTED TO Be
IN READINESS.
LEXINGTON (Ky), Dec. 6.-The To-
cal members of the State Guard were
instructed to assemble at the Arrnory
tonight They We're later dismissed,
and told to be in readiness to reassem-
BILE at given signal. The cause for the
assembling could not be learned. the
officers saying they themselves did not
know.