The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-27

account of race, color or previous condition
ar servitude." This Interpolation, the Su-
preme Court declares, We have no power TO
make, and SO Section 500 is valid only in
respect to federal elections.
ITO the same effect is the case OF United
States VS. Amsden, Federal Reporter, an
exhaustive opinion by Judge Gresham. in
which, among other things, this diStin-
gushed jurist says:
1T is not an offense against the laws of
the United States 10 prevent a citizen.
white or black. from voting at a State
election, by violence or otherwise
I'm the case of United States Cahill.
in the United States Circuit Court of the
Eastern district OF Missouri, in an opinion
by Judge Treat. which is published in 4
Kentucky Law Reporter, lie, the following
language Is used: 1t Is clear that no federal
statute can interfere with voters except at
an election for Representative in Congress.
and then only as to their protection in vot-
ing for a representative in Congress- The
venerable and respected Judge Barr. who
adorned the federal bench in Louisville for
nineteen years, stated under oath before
the legislative committee that. in all his
experience as judge, he ha0 never heard
OF such charge 10 a federal grand jury
as the one now under consideration. 1t
certainly savors of the day of reconstruc-
ton. when civil liberty was under the heel
of the carpet-bagger. and was the sport of
the bayonet.
1T is the judgment of this board that all
city of Louisville, were cooperating in
understood harmony to promote the success
of the Republican ticket, and that the
methods used were Illegal and in subversion
OF popular right, and for the reasons the
vote cast in the city of Louisville Nov.
T. 1883. is held null and void and should
not be counted for either contestant or con-
testee.
1T must be confessed that the provision
of the present election law relating to the
preparation and printing of the ballots Is
somewhat imperfect No uniformity is pre-
scribed as to the person by whom the bal
lots shall be printed and no legislative
enactment has provided in detail the char
acter of the printing and paper to be en-
ployed in the making of the ballots. In
the absence of such provision this COM
mission is extremely reluctant to declare
invalid any votes, and IL will not do so ex-
cept in most extreme cases and apparently
fiagrant violations. In a number of coun-
ties, both Democratic and Republican,
whose votes have been contested before
this board, the character of ballot Is open
to adverse criticism, but mature reflection
convinces this board that in only three
counties considered are the Irregularities
so patent that it will justify summary
action. IL is the deliberate judgment of
the board that the ballots employed in the
counties Of johnson, Martin and Magoffin
are Illegal ballots. In these counties not
only is the character of paper employed of
the thinnest variety, but the arrangement
OF the devices and the squares inclosing
the same is questionable, and clearly i'm
ports the intention to subvert the secrecy
of the ballot.
THE STEAL COMPLETE.
ut Is now declared by this board that the
votes cast in the city of Louisville and in
the counties of Martin, johnson and Ma
coffin should and are hereby deducted from
the total vote cast for each contestant and
contestee respectively. as certified to the
secretary of state by the various county
canvassing boards. and when so deducted
the result stands thus:
For attorney general-R. j. Breckn-
ridge. Democrat. 166.340; Clifton j. Pratt,
Republican, 163. 332.
For auditor of public accounts-Gus
G.. Coulter, Democrat 1850: John s.
Sweeney. Republican, 1853 261.
For treasurer-S. w. Hagar, Democrat,
1884: Walter r. Day. Republican, 1853, 094.
For secretary of state-C. B. HILL DEM
ocrat, les, 757; Caleb Powers, Republican,
162 90S
For superintendent of public instruc-
tion--H. v. McChesney. Democrat, 165 POS;
John Burk. Republican, 163,4lS.
For commissioner of agriculture labor
and statisticS-I. b. Nall, Democrat 165 361;
John w. Throckmorton, Republican, 1915.
ut Is therefore the opinion of the State
Board of Election Commissioners, sitting
| as a board OF contest, that the above re-
| ceiving majorities are duly elected, and a
| separate judgment has been rendered with
respect TO each or the officers aforesaid
| accordingly, and entered upon the records
| of this board, and duplicates thereof have
| been issued and one copy thereof in each
| case transmitted to the office of secretary
| of state and the other copy thereof in each
| case transmitted TO the party under this
| judgment entitled to same.
This the 18th day of February. 1900.
| CHARLES B. PoYNTS, Chairman.
JOHN A. FULTON
MORTON KYONTS,
state Board of Election Commissioners"
Immediately after the swearing in OF the
| Democratic State officials injunction suits
were filed by each of the new officials seek
| ing TO Gust the incumbents from Office
| and enjoining them from exercising the
rights, duties and prerogatives now apper-
| tanning thereto. The installation of the
| Democratic officials will have the effect
| of tying up tightly every branch of the
| State government, pending a decisioE of
| all of the contests by the courts. From
| now till then. the State will be practically
without a State government
Auditor Coulter to-nigh. sent our notices
| to all county clerks, circuit clerks, sheriffs
\ and trustees jury fund. that ne lad been
| elected and qualified as auditor aad now
acting as such. warned them to pay over
| no public moneys 10 any other than him
| self, upon penalty of prosecution on their
| official bonds.