The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1900-10-10

| WAS enBaBeu III CduNdSSlHB Ine re-
turns.
Consequently when the returns from
the various counties of the common
wealth were canvassed, the many pro-
tests and objections, by the Demo-
Gratis. to the counting OF the votes OF
the city of Louisville, the counties OF
Johnson, Martin, Magoftin, Knox and
other counties, because of fraud, in
tinmidation and the use of tissue bal
lots. were overruled, the board dis
tinctly holding that the power to pass
upon the questions thus presented, in
so far as the Offices nd governor and
| lieutenant governor were concerned
was vested in the general assembly,
and as to the minor state offices was
invested in the commissioners them
selves. when organized and sitting as
contest board. This was the con-
tention OF the attorneys who repere-
scented the Republicans, and their
view was sustained by a majority Of
the commissioners. in lucid and able
opinion. In express terms. the various
questions presented to the commits
sioners were relegated to the two tri-
bunals which alone had the power and
| jurisdiction to hear and determine
them.
The Certificate.
The canvassing board being power
less to hear and determine the grave
questions presented, and finding from
the face OF the returns that Taylor
had a majority Of the votes, a certifi-
cate. to that effect, was issued. The
only fact which the board certified was
that Taylor had received the highest
number Of votes given, as certified to
the secretary OF state" The addition
al statement that he is therefore duly
and regularly elected" was only the
conclusion Of the commissioners from
the facts found.
After having, by counsel, urged up
on the commissioners that II was
their duty to so find, because OF lack
OF Jurisdiction, the Republican leaders
and press Immediately assumed the
position that Taylors certificate was
conclusive, and that his adversary
was precluded from making the con-
test, because the Democratic commits
sioners had certified that he was duly
elected. This position shows at once
the inconsistency and bad faith of the
Republican party. The mountain as
sassins were nerved and fitted for
their bloody work by the partisan
leaders and press, which continually
infiamed and mislead them by repe-
tition OF these false statements. Thus
taught, they were ready to follow
their leaders with the blind devotion
with which the true believers followed
the banner of the prophet
The title to the office Of governor
II is provided by law, may be assailed
by contest, as in the case of other Of
fees. A tribunal is ways provided to
examine the returns and investigate
the validity and legality of the cleo
ton. The face of the returns is not
conclusive. The result certified may
have been produced by fraud, or init
midation, or by votes otherwise illegal.
To examine upon evidence and deter
mine these questions is the duty OF a
contest board. The result shown on
the face of the returns is oftentimes
changed. No political party is more
familiar with this rule than the Re-
publican party itself.
Mode Of Contest.
BY section 80 of the constitution OF
Kentucky it is declared that contest
ed elections for governor and lieuten-
ant governor shall be determined by
both houses of the general assembly,
according to such regulations as may
be established by law" This has been
the law for a hundred years.
The regulation established by law,
provided for the drawing, by lot, of
three members of the senate and eight
- h - ant a
tives to act on a board of contest. In
the senate the Hon. John Marshall,
then acting as lieutenant governor, re-
ceived the slips Of paper and announc-
ed the names of the members drawn,
not only in the governors case, but
in his own. The Democratic members
of the senate made no objection to
this, although it was said by many per
sons that Marshall, being interested,
should nave called some impartial SEN
ator to the chair.
Notwithstanding the fact that he de-
clared at the time that the drawing
was fair, the Republican press and or
ators have bitterly assailed the clerk
of the senate and of the house of rep
resentatives. The sole fact on which
this denunciation rests is that the
majority of each board drawn were
Democrats. The political complexion
of the general assembly was about six
ty Democrats to about forty Republi-
cans. Upon a number Of important
contest committees drawn the same
day in the house the Republicans had
a majority, and upon all the contest
committees drawn, collectively, the
Republicans had majority. Not sat
isfied with this, the statement mas
been persistently made that the draw
ing was unfair.
The Result Of Chance.
There were about eighty-six Demo,
Gratis in the late constitutional conven-
ton, and about fourteen Republicans.
There was contest for the seat of tho
member from Washington county. A
contest committee was drawn by lot
-. Il.