Hopkinsville Kentuckian., 1900-10-12
The State Election and the Events Fol-
lowing Ably Reviewed by Hon.
Lewis Mc0uOWn.

Tldl ana not JUDICIAL, When the DOarO
was engaged in canvassing the re-
turns.
Consequently when the returns from
the various counties Of the common
wealth were canvassed, the many pro-
tests and objections, by the Demo-
Gratis, to the counting of the votes OF
the city of Louisville, the counties OF
Johnson, Martin, Magoffin, Knox and
other counties, because OF fraud, tn
timidation and the use OF tissue bal.
lots, were overruled, the board dis
tinctly holding that the power to pass
upon the questions thus presented, in
sofar as the Offices Of governor and
lieutenant governor were concerned,
was vested in the general assembly,
and as to the minor state Offices was
invested in the commissioners them
selves, when organized and sitting as
a contest board. This was the conten-
tion of the attorneys who represented
the Republicans, and their view was
sustained by majority of the COM
missioners, in lucid and able opinion.
In express terms, the various ques-
tions presented to the commissioners
were relegated to the two tribunals
which alone had the power and turis-
diction to hear and determine them.
The Certificate.
The canvassing board being power
less to hear and determine the grave
questions presented, and finding from
the face of the returns that Taylor
had a majority Of the votes, certih-
cate. to that effect, was issued. the
only fact which the board certified was
that Taylor had received the highest
number of votes given, as certined 10
of1cial ballot" ana by Section LAG OF
the secretary of state" The addition
al statement that he Is therefore duly
and regularly elected" was only the
conclusion OF the commissioners from
the facts found.
After, having, hy counsel, urged up
on. the commissioners that IL was
their duty to so find, because OF lack
of jurisdiction, the Republican leaders
and press Immediately assumed the
position that Taylor's certificate was
Conclusive, and that his adversary
was precluded from making the con-
test, because the Democratic commls-
sioners had cei tilted that he was duly
elected. This position shows at once
the inconsistency and bad taitn OF the
Republican party. The mountain as
sassins were Herved and lifted Tor
their bloody work by the partisan
leaders and press, which continually
inflamed and mislead them by repe-
tition of these false statements. thus
taught, they were ready to follow
their leaders with the blind devotion
with which the true believers followed
the banner of the prophet.
The title Of the Office of governor,
il is provided by law, may be assatled
by contest, as in the case of other OF
fees. A tribunal is always provided
To examine the returns and inVestl-
gate the validity and legality OF the
election. The face of the returns is
not conclusive. The result ceruneo
may have been produced by fraud or
intimidation, or by votes otherwise
illegal. To examine upon evidence
and determine these questions is the
duty OF contest board. The result
shown on the face of the returns is
ofrentimes changed. No political
party is more familiar with this rule
than the Republican party itself.
Mode of Contest.
BY section 80 of the constitution OF
Kentucky it is declared that contest
ed elections of governor and lieuten-
ant governor shall be determined BY
both hLnses of the general assembly,
according to such regulations as may
be established by law" This has been
the law for a hundred years.
The regulation established by law,
provided for the drawing, by lot, OF
three members Of the senate and eight
members Of the house OF representa-
uVes to act on board of contest. In
tie senate the Hon. John Marshall,
then acting as lieutenant governor, re-
ceiVed the slips Of paper and announc-
ed the names of the members drawn,
not only in the governors case, but
in his own. The Democratic members
of the senate made no objection to
this, although IL was said by many per-
sons that Marshall, being Interested,
should have called some impartial SEN
ator to the chair.
Notwithstanding the fact that he DC.
clared at the time that the drawing
was fair. the Republican press and or
ators have bitterly assailed the clerk
of the senate and of the house of rop'
The sole fact on which
this deLunciation rests is that the
majority Of each board drawn were
Democrats. The political complexion
OF the general assembly was about Elk.
ty Democrats to about forty Republi-
cans. Upon a number OF important
contest committees drawn the same
day in the house the Republicans mad
a majority, and upon all the contest
committees drawn, collectively, the
Republicans had a majority. Not sat
isfied with this, the statement has
been persistently made that the draw
ing was unfair.
The Result OF Chance.
There were about eighty.six Demo.
Gratis in the. late constitutional conven.
ton, and about fourteen Republicans.
There was a contest for the seat of tie
from Washington county. A
contest committee was drawn by lot