The evening times., 1899-12-26
THE KENTUCKY CONTEST
Democrats and Republicans Tn
earth Many Frauds.
Judge TOEey Accused of Having
Caused to he Printed Copies of N
Mandumus Three Days BEFORE the
Application for the Same Was
MaJ.-Enforced by the Militin.

LOUISVILLE. KY, Dec. 2S.-The Dem
ocrats and Republicans. in preparing evil
dence fer the gubernatorial contest befors
the general assembly, are unearthine
many frauds.
Mr.. Goebel refused to have notices of
contest served On Governor Taylor and the
rest of the Republican State ticket until
the expiration of the time before the
meeting Of the legislature during which
they are allowed to take depcsitions un-
der the Goebel law. Therefore. the Re-
publicans were forced to act under the as
sumption that Mr.. Goebel would contest
and secure what evidence of Democratic
fraud they could in the short space OF time.
One of the most startling developments
Of the fight came when evidence was ta-
ken here by the Goebelites. Judge Ster-
ling B. Toney of the circuit court of this
district. was the object of attack. 1t w.s
shown that copies Of an order of man
damus. asked for and issued on election
day, had been printed three days before
the injunction was even asked for.
This phase of the case may result in
the impeachment of Judge Toney by the
legislature and attorneys of high degree
may find themselves in trouble. Judge
Toney on the day of the election. upon ap-
plication OF the managers CT John Young
Brown, the boiling Democratic candidate
for governor, issued a mandamus COM
pelling the election officers to admit
Brown inspectors to the court.
This order he enforced by having the
militia called out Z. y. Neunemaker,
job printer. has testified that three days
before the election Judge Helm Bruce
brought TO him Judge Toney's order
granting the Brown injunction and had
200 copies printed ordering secrecy This
was on November I. On November ..
election day. application was made to
Judge Toney for the mandamrs and il
was granted. the order of mandamus
printed en- November being served On
the election officers. Judge Toney is an
anti-Goebel Democrat.
This is the first time in this State that
contests have been made for the Offices or
governor aud lieutenant governor. and
there are no precedents to follow.
The Gcebel law provides that on the
third day after the organization of the gem
eral assembly the senate shall select three
of its members and the house eight 10
constitute board to hear evidence On the
contests the members in both houses be-
ing selected by lot
The legislature meets this year on Janu-
ary .. and the contest board will therefore
be formed Friday. January 5. Seven oi
this board are 10 have power to act. and
no decision can BE- made without the con-
currence of six.
The Law stipulates that the decision c;
this beard shall not be final nor conclusive
but that it is to be laid before the legisla-
ture for its action in the matter.
A point of Importance is whether the
general assembly will act on this report
on icint ballot or not. The evident inten-
ticn of the law was that the vote should
he taken in each house separately. 1t is
provided that the committees decision
shall be reported to the two houses of the
general assembly for the further action oi
the general assembly. And the general
assembly shall then determine such con
test"
It is thought TO be the intention of Goe-
bells attorneys TO so twist this part of the
law and have it SO construed that il would
necessitate a Joint ballot on the contests
Ii il is decided that the vote is to be
taken separately in each house the con-
tests could be defeated by majority in
either body of the general assembly. The
senate from present indications. will have
an anti-Goebel majority. or, at the worst
the vote will be a tie. Even though the
lower house were strongly for Goebel or
separate ballet, the contests would be kill
ed by the Senate's action.
Senator Blackburn's election as United
States Senator depends upon the success
of Goebels contest.