Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-12-07
KENTUCKY CONTESTS.
STATE ELECTION BOARD HEARS
ARGUMENT on THE SUBJECT.
NATTER OF GOING BEHIND RETURNS.
Question Of Tissue Ball0ts-Dem0-
cratic Objection TO Such Ballots
Being Accepted as Legal.-The Re-
publican Contention.

FRANKFORT, KY, December 6.-The
State Board OF Election Commissioners,
sitting as a Contest Board. spent the
entire day hearing argument In the con-
tested election matter. d. w. Farleigh,
for the Republican side. brought up the
question that the board had no right 10
go behind the returns OF the county can
vassing 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 II the decis-
ions did not show that the Court
Of Appeals had decided that canvassing
boards had judicial power? Mr.. Far
leigh then attempted to prove that they
did not. Judge Pryor interrupted during
q pause In Mr.. Farleigh's argument, say
ing: II would like TO invite the atten-
ton of counsel on both sides TO this
proposition now, and i would like 10
hear argument upon 1t: Suppose this
board does undertake 10 examine returns.
as the statutes say 1t shall have the
power TO do, how far does its power ex
tend under the statutes?
Mr.. Farleigh then made argument,
based upon the assertion that the right
the returns gave 1t no power 20 alter the
certified results OF the county boards. lie
quoted authorities 10 show that the
board had no right to examine anything
but certified returns. All outside OF that
was only heresay evidence, and, there
fore, not admissible.
RIGHT TO co BEHIND RETURNS.
Mr.. Farleigh was followed by X. f.
Peak. for the Democrats. Mr.. Peak
claimed that the State Board had the
right 10 determine whether the returns
before the board are genuine. Some OF
the returns before this board" he said,
ARE not returns at all"
He claimed that In the case Of Knox
county, where the returns were made
under the stress Of a power OF manda-
mus, the board had right to review and
throw IT out. as not being ire voluntary
&C. Of the officers 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
behind the returns and declare the vote
void.
Mr. Peak closed his address with a
vigorous argument that the board had
every right TO go behind the returns. and
to accept the mass OF evidence regarding
alleged frauds in the city OF Louisville.
which Secretary of-State F1nlay declined
TO receive.
After recess Mr.. Wilson, for the Repub-
licans, took up the election troubles in
the passed counties. He went rapidly
over each allegation. pointing out his OBJ
jections. and declaring that none OF the
grounds given would warrant the board
in refusing TO count the votes.
THE TISSUE BALLOTS.
l...If.
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
understood They are printed on very thin
white paper, such as newspapers COM
monty use for the taking of proofs. When
held up 10 the light black mark is plain
ly discernible through several folds or
the paper.
Mr. Wilson claimed that It was the
duty of the election judges TO reject the
ballots when they were presented, and
not wait for a number of days before |
sending their charges against them.
Let me ask YOU a question, Mr.. Will !
SON." said Commissioner Ellis. Would |
you consider ballot invalid because it |
was of sufficient thinness TO enable the |
stamp TO be SEEM"
mo, STR" was the reply.
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 |
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 pro-
perly cast.
Louis Mcqueen. OF Bowling Green, for
the Democrats, argued that the tissue
ballots were Illegal.
At the night session Judge Alexander
=. Humphrey appeared for the Taylor
side The board adjourned until $50 to-
morrow