The interior journal. [volume] (Stanford, Ky.) 1905-1910, 1909-07-02

The Democratic Executive Commit
tee Of Harrison County, Ky, &c. APP
pellants,
vs..
James A. Dougherty. Appellee.
Appeal from Harrison Circuit Court.
Opinion Of the Court by Judge Bar
ker. Reversing.
In the Summer Of 1908 the Demo-
cratic Executive Committee OF Har-
rison County duly and regularly called
a primary election. for the nomination
OF county officers. 20 be held on the
lath day Of November. 1908. AT this
primary election. the appellant, f. +.
Mason, the appellee, James A. Dough
erty. and George I. Renaker were
candidates for the nomination OF the
marty for the office Of clerk Of the Har-
rison circuit court. After the primary
election was held the Executive Com
mittee met and canvassed the returns.
and. having found that f. +. Mason re-
ceived 90 more votes than either OF his
opponents. they issued to him a GER
tificate Of nomination.
Afterwards on the 18th day Of Nov
ember. 1905. the appellee. James A.
Dougherty. caused TO be served upon
the Committee and appellant Mason a
notice of contest The Committee was
called together after receiving this
notice on the Goth day of November,
and formulated the following rules for
determining the contest:
Rules for determining the contest
between Jas. A. Dougherty contestant
for the nomination Of the Democratic
party and 4. +. Mason. contestee, for
the Office of clerk Of the Harrison cir
cult court.
Resolved by the Harrison County
Democratic Executive Committee, IN
meeting assembled. that the rule for
determining the contest between Jas.
A. Dougherty, contestant. and T.. r.
Mason. ccntestee, be as follows;
IAN the petition of contestant
Dougherty is hereby dismissed. except
that portion relative to the accuracy
of the counting of the votes: This
Committee will meet on the 18th day
of December, 1908, and hear proof to
be offered by contestant and then de-
termine whether or not said proof as
then offered will warrant this Com
mittee in opening the said ballot boxes
and recount the ballots as claimed IN
the petition. )"
On the 18th day Of December the
Committee met and adjourned to the
18th day Of December, on which date II
again met pursuant TO the order OF ad-
journment, and they then dismissed the
appellee's petition and contest. Where
upon he instituted this action for a
mandatory injunction requiring the
Committee to hear and determine his
contest for the nomination Upon ina
trial the chancellor held that the Com
mittee had not heard and determined
the contest. and entered judgment II
accordance with the prayer Of the pc
tition, requiring them so to do. From
this judgment the Committee and Z
+. Mason have prosecuted this appeal
Section 1868. Of the kentuck,
Statutes. concerning contests in pri
mary elections. in so far as pertinent
hereto, is as follows:
"The duly authorized and constituted
committee or governing authority II
the county or district in which pri
mary election may be held hereunder Il
hereby empowered to count the votes
received by all candidates in such pri'
mary elections, and to declare the can
didate or candidates. in cases where
candidates for more than one office are
20 be nominated. receiving the highest
number of votes the nominee Of such
political party for the Office for which
he was voted for ct such primary cleo
ton. In all cases Of tie vote or con
test, the committee or governing Al
thority Of the political party holding