The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-27
Demand Made for the Places on Re-
publican officials and as Prompts
Iy Refused by Incumbents.
THREE COUNTIES THROWN OUT
ALSO THE VOTE OF LOUISVILLE, ALL
BEING REPUBLICAN.
Bitter Attack on Judge Evans for His
Charge to the Federal Grand Jury
State without Government.

FRANKFORT, KY, Feb. 26.-The State
contest board this afternoon awarded GER
tificates of election to all the Democratic
contestants for minor State Offices Imme-
diately afterward the contestants were
sworn in and repaired to the Statehouse
In 4 body. where they made formal de-
mand on the Republican incumbents for
possession of the offices, but the demands
were not acceded to. The Democratic con-
testants sworn in are: Secretary of State
c. B. Hill. of Clark county; Attorney Gen.
erai Robert ]. Breckenridge. of Boyle
county: Auditor Gus c. Coulter. of Graves
county: Treasurer Wilbur Hager. of Boyd
county; Superintendent Of Public Instruc-
ton Fl. V. McChesney. of Livingston
county; Commissioner of Labor /. b. Nall.
Clerk OF the Court of Appeals Shackelford
administered the oath of office TO all the
contestants for offices other than Governor
and Lieutenant Governor
= The principal grounds set out in the re-
port for the finding in favor of the Demo-
cratic contestants are: First. because of
military interference in Louisville, on ac-
count of which, the election there should
be thrown out entirely; the alleged illegal
action of Judge Toney In granting an in
junction allowing Brown inspectors inside
the polls, and also that Judge Evans of the
Federal Court. contributed to the result by
Il threatening charge TO the United States
grand jury. II Is charged that Judge
Evans's charge TO the grand jury was part
OF conspiracy. and on this point the re-
port of the commissioners say:
This conspiracy TO create what might
be truthfully denominated a reign of ter
ror to intimidate voters was materially
aided by the action of the federal Judge for
the district OF Kentucky. In the early part
OF October, 1899. this judge delivered to the
grand jury or his court a charge of such a
SSha ara =; as ss was perhaps never before
this charge was that the judge anticipated
there were going to be grave attractions of
the law at the coming election, and while
not stated in express terms the implication
was clear, from his language, that these
attractions We're TO be committed by the
address 10 the voters OF the State, under
cover of a charge 10 the grand Jury. that
these anticipated violations OF the law
would be severely and summarily punished
I'm the federal courts. and the grand fury
was adjourned to reconvene after the a. g
ton for the express purpose OF indicting
persons Tor crimes not yet committed A
Judge cannot be too highly commended for
earnest zeal, not only in the punishment of
crime. out IN taking proper measures to
acting on matters within the scope OF his
Jurisdiction Ii Is questionable, however
whether IL be not graver offense AGAINST
our institutions FOR Judge to attempt to
execute an unwarrantabie Jurisdiction in
the punishment OF crime than the commis-
sion OF crime itself. Ii would seem that no
doctrine Is better established than that
federal courts have no shadow OF turfstifc-
ton in the punishment OF offenses COM
mitted In elections concerning state on
Gals only. Commenting the sections of
the Revised Statutes OF the United States.
which the Judge made the basis OF his
charge TO the grand jury, or, rather his
threatening address 20 the Democratic vot-
ers Of the State. Judge Hewes. IN the case
Of United States VS. Munford. I6. Federal
Reporter, says:
A COURT RULING.
80 This latter section applies only to Of
lenses committed In relation TO federal
elections No one ever pretended that it
relates 70 State or municipal elections. for
IL has never before been adjudicated
II could not be made to refer to State or
municipal elections except hy authority of
the fifteenth amendment. and II could not
be bought within that authority except by
>terpolating in the section the words. ION