Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-07
M0CRATS WIN
IN KENTUCKY
Continued from Page 8.

the Legislature in contracting debts or
determining upon the election OF it's
members, or doing any other act au-
thorized by the Constitution. There is
no conflict between the action of the
State Canvassing Board and that of the
Legislature i'll these cases. The State
CanVaSsing Board was without power
to go behind the returns. They were
not authorized to hear evidence and
determine who was in truth elected.
but were required TO give certificate
OF election TO those who on The face
OF the returns had received the highest
number of votes. For the State Board
to have received evidence TO impeach
the returns before them would have
been for them, in effect, to act as a
board for contesting the election, and
If they had done this they would have
usurped the power vested in the Gem
cral Assembly by the Constitution, for
by it's express terms only the General
Assembly can determine IL contested
election for Governor and Lieutenant
Governor. But the certificate Of the
State Board of Canvassers is no evil
dence as 10 who was in truth elected.
Their certificate entities the recipient
to exercise the Office until the regular
constitutionallty shall determine who
IS the dc jure officer. The rights of the
de jure officer attached when he was
elected, although the result was I'M
known until it was declared by the
proper constitutional authority. When
4 was so declared it was simply the
ascertainment of fact hitherto in
doubt or unsettled. The rights of the
dc facto officer under his certificate
from the Canvassing Board were pro-
Nsional or temporary until the deter
Inination of the result OF the election,
as provided in the Constitution, and
upon that determination, If adverse to
him, they ceased altogether.
such Il determination of the result
of the election by the proper tribunal
dill not take from him any pre- existing
right for, if not in fact elected. he had
only right TO act until the result of
the election could be determined. We
arc. therefore. unable to see how this
case can be distinguished from any
other Legislative action, taken in mat
ter over which the Constitution has
given the Lcglsla ture exclusive juris-
diction: and we arc, therefore, of the
opinion that the court is without juris-
diction to go behind the record made
by the Legislature under the Constitu-
ton. Such record seems to us en-
Titled TO every presumption In its favor
which the records of this court kept
under its supervision. would be entitled
to receive at the hands of the Legisla-
lure in matter before 1t. 1t is also
argued that the contest board was not
fairly drawn by, lot; that certain mem-
bers OF the board were liable to objec-
ton on the score of Partially, and that,
therefore. this board was not properly
constituted If any of these objections
We're well founded the General Assem-
bly, had full power TO take such ac-
non as was proper In the premises 1t
does not appear that any of the objec-
lions urged were presented to the Cen
ern Assembly. but. If they were and 1t
refused TO make correction. IL must
mo Int ~
sons for Its action Besides, the board
was only preliminary agency to take
evidence and recort the facts to the
General Assembly. The Assembly itself
hhaily determined the contest"
TAYLoRs STATEMENT.
Cincinnati April 6-Governor Taylor
gave out the following statement at
Frankfort tonight:
for weeks have been made the tar
Get oil viliiication by certain unprinci-
ped newspapers in Kentucky The
West insinuatlons have been made and
the most outrageous falsehoods have
oeen told. When | was called to at
tehd The funeral OF Il beloved broth her
IT was seized upon rs an ATTEMPT on
my part to fly from justice. Again,
When called To my home by reason of
tnr ueath OF dear sister, the f0llntni ms
Oh abuse were opened and n Hood of
aaisehood and SANDER poured forth
upon me. the charge again being made
mat was attempting to fly from the
state. On my return to Frankfort.
hese papersn hastencd TO publish the
statement that l was met at the train
ana escorted to my home by a squld of
soldiers with Il eating gun. There Is
not one word of truth in this state
ineht. put nevertheless it was pub
llSned and circulated to harm me. Not
content with this Infamous. ghoulish
WORK. which with unblushing audacity
mas followed me to the graves of nv
nrother and sister. even the privacy
oil my family has been invaded. and
because my wife drew from the bank
some money with which 10 nav the
soldiers. an attempt was made 10 i'm
press the people that she. too. was pre-
parihs 10 iiy Once, and for all. de-
sire to say neither directly nor iudi
rectly had l any connection with the
ASSASSINATION of Senator Goebel. am
2 citizen of this State, amenable to lis
laws. am not IL criminals: neither
snail ever be Il fugitive from Justice
whenever Indicted, If such an outro,a
should be committed, shall appear for
trlal, conscious OF my innocence ana of
n" ultimate triumph of right ana ius-
'ice. The whole purpose of this norco-
Cutloh mas been. and is. TO drive mo
from my post of duty. ana to punish
me for holding the Office to which T
nave fairly hpop olont.1