The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1900-01-31
THE LAW MUST TAKE
ITS COURSE.
VIEW OF FORMER CHIEF JUSTICE
JOSEPH H. LEWIS.
Masterful Argument Of This Noted
Sage and Statesman on a
Timely Question.
DEMOCRATS ARE ACTING Ivy LAW.

Gen. Joseph H. Lewis, who until &
year ago was Chief Justice Of the Court
of Appeals, last week gave out signed
statement concerning the political stu
alton at the State capital. In it he say
that the Federal Court could not inter
fere with Senator Goebel If he should
get the decision Of the Legislature, and
that the Democrats have proceeded
strictly according to the forms Of law.
Gen. Lewis has been quietly, during the
legislative session, observing the trend Of
affairs political, and the threats Of tn,
Republicans have caused him to give
his views, which ON account Of his high
standing will be Of interest just at this
time.
His statement is AZ follows:
No State can prosper nor any citizen
be secure in person or property, without
popular respect for the law as it il, and
unconditional obedience to the legally
constituted authorities Yet certain per
sons, some being even men of intelli-
gence and prominence, announce in a
way to mislead the ignorant and incite
the lawless, that il the pending contest
for the offices of Governor and Lieuten-
ant Governor be decided in favor Of
Taylor and Marshall everybody must
acquiesce; but If in favor Of Goebel and
Beckham. there must he forcible resist
ance, even If chaos ensues and blood
flows
II is the duty of all who love the old
Commonwealth and desire the general
welfare to rebuke such men, and by APP
peal To reason and patriotism, counter
act their baleful influence.
AUTHORITY OF CANVASSING BOARD
The State Board Of Canvassers, com
posed of Pryor, Ellis and Poyntz. had
authority under the law, M il is and
ever has been. to simply examine and
canvass returns of the election from all
the counties ascertain which of the
candidates for Governor had, as shown
by the returns, received the greatest
number of votes and give to him certif-
icate Of election But that board, being
by law restricted to performance of min
isterial duties, did not, nor could not go
behind the returns, and judicially de-
termine which one was legally elected.
Consequently Taylor did not. in virtue
of the finding and certificate OF the Can
wasting Board, acquire legal title TO the
office, nor can he be- invested with the
legal title until and unless the present
contest be decided in his favor; but he
then became and ia now only Governor
de factO, or acting Governor
The reason, which is one of necessity,
why the law authorizes a candidate
found by the Canvassing Board to have
received the greatest number of votes to
take immediate possession and discharge
duties Of the Office is, that as the term
of the preceding incumbent is about to
expire, there would otherwise be an in
terregnum or vacancy in the Office until
a contest, if one, could be decided, or at
least until the time had expired within
which the law requires notice of con-
test to be given.
As the finding of the Canvassing
board was not intended to preclude
trial of the title to an office by higher
tribunal having judicial functions, a
Board for each county and
for the State are established, the latter
having cogniZance of contested elections
Of all State offices except the offices Of
Governor and Lieutenant Governor.
ROVER OF CONTRASTING BOARD.
A Contesting Board or tribunal is EN-
powered to investigate and determine
which of the candidates for an Office re-
ceived, not merely the greatest number
Of votes as appears from face Of the re-
turns, but which received the greatest
of legal votes legally cast, and
thus in the trial Of contest may be in
volved an inquiry whether, as required
by Section 147 Of the Constitution, the
election at each voting place was by Sc
cret official ballot marked by each voter
in private at the polls, and there and
then deposited; whether, as required by
Section of the Constitution, the cleo
ton was free and equal, and whether
by fraud or otherwise, either candidate