Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1899-12-13
IN FAVOR OF TAYLOR.
Decision Reached by the Ken
es lucky Election Board.
TAYLOR IS GIVEN GERTIF1CATE.

Y
Returns-Two Reports Made, Majority
and Minority-The Latter Declares tho
Democratic Candidstes Were Elected
Last Month--The Callfik Out OF the
Militia--Goebel viii New Contest.
Frankfort, KY, Dec. 11.-The cleo
ton 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
retary of State Finley, are: Taylor,
1913, ia; Goebel, 191, S31. 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 1t cannot go
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. ]. G. s. Blackburn, campaign
manager of the Goebelites, so an
nounced when AN intimation Of the
boards finding wassconSeyed1to him.
/ ss sjfPower,of Rlectioh Bosgd. g.5r
h. The majority report of the board,
.whichis. signed by Messrs. Ellis and
I7Ppydri reviews. the, laws defining the;
sboart's powers, and reaches the con-
clusions that while sitting as a canvass
ing board, as at present,iit has no pow
ertce ge- behind, the face of the, re,
turns and that eyen,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.
H EAfter quoting extracts from the new
election Law defining the. powers OF the
board thesopinion reads
F. Is evident from the law that the
state board Of election commissioners,
when esitting as board of contest, fs
clothed with powers and jurisdiction
which it does not possess and cannot
assume to exercise when sitting, as at
present, in mere ministerial capacity.
Functions of II Court
"As board of contest it possesses
the powers and functions of court.
1t may set aside the original returns,
overthrow 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 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
We're entitled to be seated, the writers
of the majority report declare: ut
would be monstrous to say that 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-
| priyed of that Office on mere ex parte
aff1davits which he had never had an
opportunity to inspect and before he
had been given an opportunity to Of
i fer evidence in his own behalf"
Calling Outof Militia.
Concerning THE Democratic conten-
ton that the military force Of the state
was wrongfullv and illegally called out
on the day of the recent election with
view to intimidate the citizens and
NOItIS tlle NltE VI l/Otu6NllC, luc
minority report says;3c 49,.
selves, We deem 1t relevant and peril
nent to at leas. indicate our view on
the subject. 1t is a fact, about which
1 we express no opiiilen, shat the mi.
Il litfa of this commonwealth were called
out by the chief executive of the state
on election day, andsaf the governor of
the commonwealth was in fact present
in the city of Louisville, personally in
command of the state troops as ar
gued, that presents q condition which
does not meet the approval of this
board, and which in our opinion the
law unqualifedly condemns"
Not Government by Injunction.
Concerning the further Democratic
contention that a circuit Judge by man.
date forced the admission to the DOLL.
ing places in Louisville of persons who
had no right to be there, the report
says:
ut is enough, however, to say, In
this connection that this Is not
a government by injunction, and when
the question is properly presented be
! fore a tribunal, having Jurisdiction te
deal. with the subject, we predict will
; confidence that the Judgment of suct
tribunal will be swift and certain and
that it will be distinctly held that suct
, performances on the part of any judg,
in this state, whether Of low or higf
degree, are usurpations which canno
} and will not be sanctioned by law"
. The third commissioner, Mr.. Poyntz
: makes minority report declaring hi
belief that the Democratic candidates
were elected and should be seated.
Both the Fighters Arc Dead.
Greenville, Miss, Dec. IA nigh