The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-01-27

arrest HIS tDGuisitOrS,
fhANkFOIiT. Ky, Jan. 26-Tomorrow
vote VIII be taken In the house of rep
fesentatives that is expected to fore
shadow. with some accuracy the strength
That both sides will be able to muster
when the gubernatorial contest comes
up. The vote will be on the contest
brought by Van Meter Dem.) for the
seat now held by Berry, both being from
Fayette county.
Both the Democrats and the Republic
ans claim to have majority on the pend
ing vote, and. while it will not; of course,
be in anyway decisive, II will put every
man upon record, and the party managers
will know just who is for them and who
is against them.
There are 100 members of the house
and the Democrats claim confidently that
of these they will have at least fifty-two
votes against forty-seven for the Re-
publicaus. Berry, the Republican con-
testee, not being able to vote. as the
question is one in which he is personally
interested
The Republicans assert that they are
absolutely certain that the vote will be
at least IL to 10 in their favor and are
confident of receiving several votes In
addition to that estimate.
A vote was taken In, the house today
which forms a slight indication of the
result of tomorrow's vote, though the
leaders on both sides admit that they
expect severalz men to change sides when
the Van .Meter-Berry contest comes up.
This vote came this morning, immedi-
ately after the opening of the session.
Representative Order presented mo-
ton that, in hearing contests. the house
go into a committee of the whole, listen
to both sides, when majority and mi
nority reports are presented, and give
to each side forty minutes for argument.
After some debate Representative Finn
moved to table the Order resolution,
and the yeas and nays being called on
the motion to table, it was lost by
vote of 49 to Al. Two Republicans and
one. Democrat were absent, and Speaker
Trimble Dem.) did not vote. OF the for
ty-nine votes received by the Republicans
more than their majority were from
Democrats, the ten Democrats being
Representatives Lafferty, Rawlins. Rag
by, Hinton. Corcoran, Orr. Willngham,
Weatherford, Order and Lyon
Mr.. Rawlins presented the minority re-
port in the Van Meter-Berry case today.
and of course, will vote accordingly to-
morrow.
The city has, been. very quiet all day.
there not being the slightest sign Of
trouble. There are still quite number
of visiting mountaineers in the city, but
are making noise.
JUDGE TONEY'S PROTEST.
Witnesses of unusual prominence testi-
fed before the gubernatorial contest
boards today. The number included
Judge Sterling B. Toney, of Louisville, for
whom ex,Gov. Bradley, one of the con-
testees attorneys, asked a warrant<of ar
rest; United States Marshal A. D. James
Mayor A T. Wood former Republican
candidate for governor: Col. Thomas
Laudraum, of Gov. Bradley's staff; DR..
David S. Smith, of Louisville.
Judge Toney retold the story Of the
granting of mandatory injunctions on
election day requiring the abundance OF
inspectors for the Brown ticket to the
voting places. He also explained his de-
lay in responding to summons for the
contest boards. He stated that he doubt
ed whether the dignity Of "a Judge of
circuit court ishuuldk be- subjected to a
summons of a party or parties whose
ptrpcse it was to question him respect
ing his official acts when those acts were
matters of public record. In defense OIL
his position towards the contest board ne
cited a Virginia case. wherein Judge
Sbackleford had been summoned before
an iInpromptu tribunal. The judge, the
witness said, refused to respond, and was
advised that he would be arrested unless
he did so, whereupon Judge Shackle1oro
replied that he would incarcerate tne
mar sent to arrest him, and issue rule
against members of the tribunal for con-
tempt and there the matter rested.
Judge Toney stated that he did not feel
in this case as did Judge Shackleford'
but he felt that he was entitled to a pro-
test. In the course of his testimony Judge
Toney said that he believed that judge
who took his politics upon the pehch
should be disrobed He had done what he
believed was right, and would have done
as he did had his action ruined either the
Democratic or the Republican party
Mai. Wood testified respecting the char
acter of the speeches made by ex-GeV
Bradley during the campaign The EVIL
dence was in rebuttal of the newspaper
reports before the board to the erect
that the governors speeches were imam
ma tory, and were attacks upon MI. zoe
bel. The witness said that Gov. Bradley
had not attacked Mr.. Goebel. that his
sneeches were chiefly a defense of his
own administra ton.
The testimony of DR.. Smith, Marshal
James and Col. Laudraum related to the
military at Louisville.
In case Goebel wins in the legislature,
the Republicans will make an effort 10
carry the matter to the United States SUI
preme court The Goebel men are anxious
to have the matter settled by joint bal
lot. and in case of their being successtul
in this method of settlement the claim
will be made by the Republicans that
GoebeI was chosen illegally, because he
did not have majority of both houses
independently This possible plan or pro-
cedure was announced tonight by an anti
Goebel Democrat. The straight Repuon-
cans would not discuss 1T.
coNrEsTEEs ovERRULED.
At the night session the boards over
ruled the motion of ex-GoV. Bradley tnat
the contestees be allowed until Wednes-
day to conclude their testimony.
Messrs. Yarberry and Read, Republican
members of the board, voted to sustain
the motion and made an additional pro-
test against the motion of majority.
Attorney Yost, for the contestees, pro-
tested also and gave notice that writ
ten protest would be filed.
The boards agreed to add half a day
to the contestees' time. which compelled
them to rest their case Saturday night.
The contestants will have all of Monday
for rebuttal, and the argument will be,
gin Tuesday.
Ship Captain Suspended.