The age-herald., 1900-02-27
KENTUCKY STATE CONTEST BOARD
 DECIDES IN FAVOR OF DEMOCRATS
Certificates Are Awarded to the Contestants For the State O-
 Rces But Republicans Refuse to Be Oued.

lenses committed in relation to federal elections. No one pretends, no one ever pretended, that 1t related to state or mu- nicipal elections: for 1t has never before now been adjudicated. It could not be made to refer to state or municipal elections, ex- cept by authority of the Fifteenth amend ment, and 1t could not be brought within that authority, except by interpolating in the set tion the words Ion account of race, color, ,r previous condition of servitude" This interpolation the supreme court de- clares that we have no power to make. and section 5506 is valid only in respect to fed- eral elections.
 ''To the same effect is the case of United States vs -Amsden, federal report, an ex, haustive opinion by Judge Gresham, in which, among other things, this distinguish ed jurist says:
 !" It is not an offense against the laws of the United States to prevent citizen, white or black, from voting at a state elec- ton by violence or otherwise
 1.-The venerable and respected Judge Barr who adorned the federal bench in Louisville for nineteen years, stated under oath before the legislative committee that in all his ex- perience as judge he had never heard of such a charge to federal grand jury as the one now under consideration
 "It certainly savors of the day of recon struction when civil liberty was under the heel of the caTpet-bagger and was the sport of the bayonet. It is the judgment of this board that all these factors, executive and judicial, in the court of Louisville were CO., operating in understood harmony to pro- mote the success of the republican ticket, and that the methods used were illegal and in subversion of popular rights, and for these reasons the vote cast in the city of Louisville on November T. 1899, Is held void and should not be counted for either con- testant or contestee. It is the deliberate judgment of the board that the ballots em- ployed in the counties of Johnson, Martin and Magoffin are illegal ballots. In these counties not only Is the character of paper employed of the thinnest variety, but the arrangement of the devices and the squares inclostng the same is questionable and clearly imports the intention to subvert the secrecy of the ballot.
 Illegal Vote Deducted
 ..It Is now declared by thds board that the vote cast in the city of Louisville and In the counties of Martin. Johnson and Magoffin should be and are hereby de- ducted from the total vote cast for each contestant and contestee, respectively, as certified to the secretary of state by the various county canvassing boards, and when so deducted the result stands thus: For attorney general: R. J. Breckr -idge, democrat, 166 ,s4O; Cld1ton J. Pratt. r,iuoli- can, 1es,s32 For auditor: Gus G. Coulter, democrat 1e5.6 .670; John s. Sweeny, repub- afcan, 163 ,261. For treasurer: s. w. Ha- ger, democrat, 165,634; Walter R. Day. re- publican, 16S,0A. For secretary of state: c. B. Hill, democrat, 165, ,757; Caleb Powers, republican, 9OS For superintendent of public instruction: H. V. McChesney, dem- ocrat, 65,2OS; John Burk, republican, 16S- AIS. For commissioner of agriculture, la- Dor and statistics: l. B. Nall, democrat, 1s5,361; John w. Throckmorton, republican. 162.746.
 Ut Is therefore the opinion of the state board of election commissioners, sitting as a board of contest, that the above re- cefyed majorsties and are duly elected, and a separate judgment has been rendered with respect to each of the offices aforesaid accordingly and entered upon Ae records of the acts and dodngs of this board. and duplicates thereof have been issued and one copy thereof In each case transmitted to &he office of secretary of state and the other copy thereof in each case transmitted
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