The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-02-16

OF my friends throughout the state,
and decided that I could not afford to
assent to the so-oalled peace agree
iGcnt
And so matters now stand, with
Mr.. Reckham in the city Of Louisville
assuming to be governor and with my
self in the seat of government claim
ing TO hold the same position. In my
contention I think am sustained be-
yond doubt by the constitution of my
state. Section 20 provides as follows:
The person having the greatest num-
Der of votes shall be governor I do
not believe there is Il man. woman or
child in the state of Kentucky put that
thinks that I received the highest
number of votes. The precinct officers
so certified the county boards So ccr-
titled and the state board So certified,
and l hold their certificate of that fact
and my commission from the governor
based upon this certificate. The con-
test ccmmittoc. ] learn, simply certi-
fled that Mr.. Goehcl had received the
Sreatest number of votes They did
not point out nor name Il single county
or single vote that had hcen east
for me that / was not entitled to. The;
do not infOrrh me whether I received
Illegal votes or whether Mr.. siuebel
was denied votes thar should have
been cast for him. They do not tell
me which cCunty'S votes. if any, was
thrown out, but they content them
selves with the bare statement that
Mr. Gocbol received the greater num-
Der of votes. This statement cyery
tribunal below them contradicts and
every one of these lower tribunals was
controlled by Mr.. Goehei I could not
practice fraud at the polls. could
not have secured votes that I was not
entitled to. nor count ballots that
should not have been counted, because
the power that permitted the vctinu
and counting of the ballots was all
for Mr.. Goebel.
Now. then. | did receive the great
est number Of votes and the board and
the contest committee determined TO
overthrow the provision of the consti-
tuition and give 1t to the man who re-
cciVed the minority. In the conduct
of the trial of this contest the senate
and the lower house adopted what Is
known as Rule II. It, of course, is in
the nature of joint resolution. By
the provisions of this rule the contest
was to be settled by joint assembly.
body unknown to the constitution.
The object of this rule is evident. It
has ALWAYS been clear to the contest-
ants that vote to unseat me could
not pass the senate. although there
was Democratic majority of IA in
that today. This danger must be
L.
section 30 of the constitution provides:
"Contested elections for governor and
lieutenant governor shall be determined
by both houses Of the general assem-
bly, according to such regulations as
may be established by law No pro-
vision is there for it to be done by
joint assembly. but IA clear provision
that it must he determined by both
houses. Not only that, but the gene al
assembly must determine 1t. BY the
provisions of section 80 ii is provided
| that the legislative powers shall br
vested i'm Il house of representatives
and senate. which together shall be
, STYLED The general assembly of the
commonw wealth of Kentucky. Then it
is clear that the general assembly is
divided into two departments, the up
ly and distinctly and independent Of
each other. one a check upon the other.
When we speak of an act or bill or vote
or resolution Of the general assembly
we understand it to mead that the
act or bill or vote or re solution Hssed
both these bodies and was signed by
their respective officers. The statute
under which this contest is conducted
in ~ follows.
cison of the board shall not be final
or conclusivc. Such decision shall be
reported to the two houses Of the gem
eral assembly for the further action
of the general assembly, and the gen.
eral assembly shall then determine
such contest
"In the face Of this statute, as we'll
as the constitution. an attempt IS
made to make a joint assembly do
what the constitution and law requires
to be done by the general assembly
and by the two houses of the general
assembly. and this is attempted to be
done not under the provision Of any
law but under the provisions OF Il rule
adopted in the two houses. Tho reason
for this evasion is clear. Section 50
Of the constitution reads as follows:
Every order, resolution or vote in
which the concurrence Of both houses
may be necessary unless on a question
of an adjournment or as otherwise
provided in this constitution, shall he
presented to the governor and before
il shall take effect b. approved bv
him, or being disapproved, shal! be
rcpassed by Il majority of the mem
bers elected to both houses according
to the rules and limitations prescribed
in ease of ii bill Now. then, the first
reason why they wanted a Joint as
sembly To pass upon il was because
il could not pass the senate and be-
cause in a joint assembly il required
only seventy votes to be a majority.
whereas, it would have roqu' eel
seventy-oEe and, third, because if il
/ bad passed both houses separately it
woulo necessarily have come To me
for my approval or vs'c as provided
in section 50 just quoted, Hence it
does seem absurd, in Wow of these
Legislative and constitutional rrovis-
ions. that | should be expected to re-
gard seriously the decision Of n join.
assembly convened secretly at a place
not authorized under the law, or IN
my proclamation, for II to meet, AMI
to surrender without protest TO th,
/ minority position given me by the
people, without at least requiring from
the tribunal charged with the duty Of
passing upon these questions the re-
sponsibility Of sanctioring the irreg.
ular proceedings referred to.
THE deplorable condition into which
fhis. 81 n slIaaa H..