The Hartford republican. (Hartford, Ky.) 18??-1926, 1904-12-09
JUDGE BENNETT WON,
Court of Appeals Refused TO
Dissolve in Junction.
DISPUTED Harrison and Fleld-
ing County Precincts
Counted.

set the seal of approval on decent
politics aud honest elections by re-
fusiug to dissolve the mandatory IN
iections issued by Judge Fryer, In
Harrison county, and Judge Harbeson'
In Fleming county, ordering the cleo
ton commissioners to certify certain
disputed votes for Judge Joseph B
Bennett, Republican candidate for
Congress, which Insure the certificate
of election to Bennett.
+. N. Kehee, who has represented
the Ninth district In Congress for two
terms, sought to take advantage OF
clerical oversights OF election officers
In two precincts involving enough
votes for Judge Bennett to change the
result of the elections.
In Grange City precinct, Fleming
county, where the Republicans had
So msj ority, the officers neglected to
sign their names in the proper place
In the back Of the stub book, and the
Goe5elite election com missiopers oil
Fleming county got up at midnight
to rush the count aud certificate the
vote of the county before the Repub
licans coul get hearing on a petit
ton for mandatory injunction. Cir
cult Judge Earbeson ordered the mat
ter reopened and directed the election
commissioners to count the vote OF
Grange City precinct, which Bennett
carried by 90 majority.
In Lair precinct In Harrison coun-
ty the election clerk neglected TO car
ry out in the the proper blank the to-
tai of BENEFITS vote, which the tallies
showed to be 54 the same as that OF
all the other Republican candidates
on the ticket. The election commits
sioneis refused to permit the precinct
OIlCGIS tO COIISCl thIS pau N'SiiS"'
error, and Judge Bennett was depriv-
ed of 81 votes to which he vas justly
entitled. Bennett appealed to the
court tor a mandatory Injunction,
which was granted By Circuit Judge
Fryer, who ordered the 81 votes in
Lair precinct to be counted.
With the votes In these two pre-
cincts counted as cast BeAnet carried
the districts hy s N" )rity; with the
votes throw out on clerical errors
Kehoe carried the district by g ma
jority.
Representative Kehoe and staff
of attorneys fought these proceedings
at every step and did everything In
their power to throw out votes to
which Bennett was clearly entitled,
and secure a certificate OF election to
which he had no right. After two
Democratic Circuit Judges had decided
against him by ordering the Bennett
vote counted Kehoe carried the case
before Judge Paynter OF the Court OF
Appeals, his political and personal
friend and neighb)r, and asked that
the mandatory inj ection be dissolved,
which would give Tim the certificte.
Judge Psyuter saw the improprlety OF
his sitting In the case and declined to
hear the appeal.
Judge Mum agreed to hear the case
and invited the entire court to sit
with him. Judge Paynter alone TAX
Ing no part in the case.
Mr.. Kehoe's attorney next attempt
ed 10 have the case thrown out OF
court in the ground that Bennett had
not filed an indemnity pond, mere
form but the Court brushed this quib-
BILE aside as it did in the Galloway
Bradburn judicial contest from the
Bowling Green district week or two
ago.
The Court of Appeals In announc-
ing It's decision alfred the proceeding
In the Harrison and Fleming Courts
and declared that 'rlaudamus was the
proper remedy for the wrongs COM
planned of by Judge Bennett, tor II he
received the most votes they should
be counted for him and and a certih-
cate of election issued to him.
The Harrison and Fiemming coun-
ty election COM missionirs will 20
through the form of counting and
certifying thu votes they convenient
ly rejected, aud the State Election
Commission will issue a certificate to
Judge Bennett ION the corrected re-
turns from the Ninth district.