The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-13
KENTUCKY ELECTION
TROUBLE in COURT.
Suit for Injunction Against the State
Election Board Held by Judge
Taft at Kentucky:

Cincinnati, o., Feb. 13.--In the Unit
ed states circuit court OF appeals Judge
w. II. Taft heard arguments yesterday
afternoon for over three hours on the
applications for injunctions against
the Kentucky state board OF election
commissions and the contestants for
the state offices, other than governor
and lieutenant governor. The large
court room was unable 10 hold all who
sought admission. Very many OF the
visitors were from lie Kentucky side,
notably the plaintiffs against the state
board, who are citizens OF Covlngton.
The Republican state officers were also
present. but the only one Of the de-
PENDANTS in attendance was Judge
Ponytz of the state board. There was
quite number present from Frankfort
and Louisville.
The plaintiffs were represented by
Bradley. Wilson. Sweeney and Yost, all
of Kentucky. The defendants were
represented by Scott. Hendrick, Hager
and Maxwell, the latter being MEM
ber of the bar of Cincinnati and the
OtnefS OF htntucky'
A PLAIN STATEMENT.
Ex-Gov. Bradley made a plain state
ment OF the ground upon which the ac-
tion OF the court is invoked. After re-
citing the provisions by which the
state board of elections is converted
into a board OF contest, he declared
that they were entirely repugnant to
the Republican form OF government,
foH fgV
partments. He asserted that this
board OF contest had been made ju-
dicial body by the Goebel law. Judge
Taft inquired whether the Goebel law
had been passed upon by the court OF
appeals. Gov. Bradley replied that it
had, but his contention was that,
nevertheless, in case he could show the
law TO be in contravention OF the fed
eral constitution, then this court could
be invoked.
Judge Taft replied that a decision OF
the state court on the constitutionality
of the law did not necessarily prevent
Jurisdiction by the United States court
OF appeals where proper case could
be shown.
Gov. Bradley then went on TO show
in what respect the Goebel law de-
prived citizens OF their rights. He
spoke OF the situation in Kentucky
with regard TO these complainants,
having been given certificates OF cleo
dion by a vote OF TO 1 and that one,
now a member OF the board which was
about to pass upon the contests insti-
tuted by the candidates opposed 10 the
plaintiffs. That one, he said, had al
ready officially declared that the board
had the power to go behind the returns,
and thus TO exercise judicial powers
The other two members had likewise
in advance of their decision, declared
their intention to oust these plaintiffs
QUESTION OF JURISDICTION.
Going into the argument for the jur-
fsdiction of this court, he said that this
action had It's basis in the provisions OF
the fourteenth amendment OF the fed
eral constitution. He quoted justice
Harland as saying that a state may not
diregard by any OF it's agents the pro-
visions OF this section by taking life
liberty or property without due process
of law. He defined the meaning OF lib
erty, so as to include in IL the right to
vote, to have the vote counted and the
officers elected permitted TO exercise
the functions of their offices.
Judge Taft here asked IL the right to
vote was granted by the llth amend
ment to women.
Mr.. Bradley replied that while wo-
men had not the right 10 vote IL was
nevertheless, true that authorized cleo
tors were entitled TO protection by the
federal courts against any state agent
which undertook 10 nullify that vote.
Lawrence Maxwell, Jr. for the de-