The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1900-01-31
was illegally deprived Of votes, or the
other illegally obtained votes.

Other Illegally ODJalneu VOICE
LAW PROVIDES FOR CONTESTS.
The General Assembly never had
power or discretion to establish tri-
bunal for trial Of contested election of
Governor or Lieutenant Governor; but
il has always been provided for by the
organic law; Section 80 Of the present
Constitution being as follows: Con
tested elections for Governor and Lieu
tenant Governor shall be determined by
both Houses Of the General Assembly,
according TO such regulations as may be
established by law" So the General
Assembly is for the purpose Of and
while trying the contested elections of a
Governor or Lieutenant Governor, es-
sentially judicial tribunal, having the
power TO determine upon the facts
proved and law applicable to the facts
whichlOf the parties TO the contest has
been legally elected.
Tribunals for trying contested cleo
tons are cOeval with the existence OF
the State; just as necessary, within their
proper sphere, for the well-being Of the
State as are courts Of justice; and there
is just as much necessity and prOpriety
in requiring a disappointed candidate
for Office to submit to an adverse decis-
ion by such tribunal as there is in re-
quiring a defeated litigant to perform
the Judgment of a court of justice.
The interest and safety of society re-
quires that which is legal to be treated
as right, and what is illegal to be treated
as wrong. Consequently, society has a
direct and vital interest that the candi-
date adjudged by the proper tribunal to
have been legally elected, shall hold the
Office.
GOEBEL EXERCISED LEGAL RIGHT.
In making this contest, Goebel simply
exercised legal right which candi-
date from any other Office in the State
from Constable up has, and which pub
lie policy requires to be exercised when
ever reasonable grounds exist for doing
so. Whether Goebel has or has not rea-
sOnable grounds for his contest ii is
not my province "a private citizen to
say. But that his opponents do not re-
gard them as trivial. attempts 10 bride
and over-awe members Of the General
Assembly and threats of forcible resist
ance to a decision in his favor plainly
show.
The act of March, 1898, sometimes
called the "Goebel law" amending the
existing law, though not legitimately
affecting the contest, is often referred
TO evidently to create prejudice. That
act did not materially change the duties
and responsibilities Of officers of election
and of the boards of canvassers and
contest, but its principal purpose was
to change the mode of selecting and APP !
pointing the officers Whether it be q
good or bad law, is for the General As |
sembly TO say. But be it one or the '
other, Taylor is not now complaining Of
its operation; for upon returns Of Off
GERS of election, and finding Of the Can
wasting Board, appointed in pursuance
Of it, he now holds the certificate of
election. 1t is Goebel who complains
that under operation Of that law he was
wronged
GOEBEL WOULD BE LEGAL GOVERNOR. !
If the decision of the contest be in
favor of Goebel, he will become the
legal Governor, and upon taking the
oath of Office, entitled to take possession
and discharge the duties. and Taylor
will be powerless TO do any official act,
and not entitled to official recognition
by the Legislature or judicial depart
ment or any civil officer or soldier
What, then would be the result Of the
threatened forcible resistance TO a de-
cision favorable TO GOebelH There might
be rioting and bloodshed. But if a sol
der should, under order Of Taylor, claim
ing TO be Governor, kill peace officer
or citizen. he would be guilty of muir
der; for the law would require him TO
know Goebel, not Taylor, was the legal
Governor.
1t has been said that failing In forcibly
resisting the decision, the Judge Of the
District Court would be applied to for
an injunction or some other process by
which to prevent the man decided by /
the proper tribunal to be the legal Gov
ernOr, from acting as such and to enable
the man decided not to be such to hold
the Office. l do not believe the Judge
of that court would interfere, for he
has not semblance of jurisdiction. II,
however, he does do so, he will subject
himself to both civil action and to
| hope that upon sober second thought
all will agree in the matter Of the pend
ing contest, to let the case tase take Its
course. JOSEPH H. LEWIS