The interior journal. [volume] (Stanford, Ky.) 1905-1910, 1909-07-13

bers OF II did not even know Of their
existence or nature. In the Harrison
county case. the petitions were duly
considered by the committee, and the
count refused because they were not
filed in time. In my case, the petitions
were not considered at all. This was adj
mitted on the trial, and Judge Bell so
decided. So the Harrison County case
sustsins Judge Bell. No person. whose
conception of fair dealing is not blunt
ed by selfish interest, will contend that
the decision Of the Circuit Court, was
not for justice and the right. But let
it be admitted that the case will be re-
versed by the Appellate Court, how
will this reversal affect the merits Of
my contest? Such reversal could only
be based upon the ground that the court
had no right to order the committee to
hear my contest 1t would not disprove
my charges Of fraud, or be any evil
dence whatever that was not fairly
nominated. The record of the Circuit
Court will ever stand. This judgment
is that no trial Of my contest was ever
had. This record will forever show
that Mr.. McCarty refused to meet the
charges of fraud or allow the facts to
be heard. In case the decision of the
Circuit Court is reversed, Mr.. McCarty
would stand Just where he does now
holding certificate of nomination,
charged to be the result of fraud. and
afraid to meet the charges before a
committee. majority of whom are his
supporters. In addition to his adver-
tlsement, MIR. McCarty sends out a let
ter to each member Of the committee.
trying to explain away his perfectly
obvious and perfectly manifest purpose
in preventing the committee from try
ing the contest, as provided by law and
the party rules. In this letter he says,
al am very confident that the court OF
appeals will uphold the action of the
committee heretofore taken, and in
view of the fact that Mr.. Baughman
has intimated that he would not abide
by the action of the committee. should
they meet next Monday, but would
bring another suit against the COM
mittee, or take some other step, tend
ing to confuse matters, feel that it is
: best to have the case reviewed by the
court of appeals"
never minated anything. i simp'
J ly stated to his attorneys. in plain Ian
guage that the Statute and party Law
required the committee to hear my con
test and the Circuit Court had SO order
! ed, that demanded nothing more, and
, would submit to nothing less. ! stated
that would use all legal means to com
pei the committee to hear my contest
; Now il the committee had met as or
dered, and tried the contest and de
} cided it. either for me or against me
this trial would have been the end Of it
: Then and in that event what step couls
} take, or what suit could | brinl
. "tending TO confuse matters" Abso
3 lutely none. Suits are based upon lega
rights. and trial of the contest by tn
q committee. and its decision is final. /
e seems to me that the language Of Mr.
: McCarty is not quite accurate and tina
e he would have been more candid. ha,
e he said that he was afraid Of the facts
G and afraid the committee might do a
y provided by law and party rules. and s.
!, hear my contest. and count the ballots
: and that for these reasons, he had pre-
, vented the committee from meeting OF
9 Monday and had carried the case to tn
e Court of Appeals. There can be n
other reason. or sane excuse given 70
t his appeal of the case. Again. he say
n in his letter, II have the utmost con
Q fidence in the fairness of the committe
i and have always been willing to abid
o by their decision"
This. in view Of his acts. is indeed
= strange statement. II he has the ''ut
}, most confidence" then Why does he Q,
% ecuts bond to prevent the committs
l. from hearing the casei II the facts Z
J. proven and the ballots, show him