The interior journal. [volume] (Stanford, Ky.) 1905-1910, 1909-07-13
TO THE DEMOCRATS OF LIN
colin COUNTY.

Inssmueh as Mr.. McCarty. my oppo-
nent in the primary election, has pub
Ished as an advertisement, with his
comments thereon, the opinion OF the
Court Of Appeals in the Harrison coun-
~ case. and has sent to each member
Of the County Committee letter.
wherein he tiles to explain why he has
prevented them from hearing and de-
Gliding nv contest of his nomination. l
think il proper that publish this card
Primary elections in this State are
= regulated by law. They are held by
the party authorities, but the manner
Of holding. the qualifications OF voters
and all contests. arising thereunder'
are regulated by law. The law pro-
yides that the county committee shall
constitute a board Of contest and dele
gates TO il the power to establish rules
for the trial Of such contest.
Within the time and in the manner
provided by the law. gave Mr. Nc
Carty notice that would contest his
right 10 the nomination for the Office oil
sheriff. In this notice. ! set forth IN de-
tail. the grounds of my contest. giving
the names Of illegal voters, and stating
the facts. showing them to be Illegal
voters. also charged that the ballots
in the boxes. then in the hands OF the
committee, showed that had received
the highest number Of legal votes. !
, asked and demanded Of the committe a
hearing of the contest-a hearing OF
the facts.
The party law. as established and
adopted by the State convention he'o
in Lexington, KY. on June 18th. l9oo'
proyides that in case of contest. tine
County Central Committee, trying such
contest. shall, upon application. IN
writing of not less than ten per cent oil
the democratic voters. participating IN
such primary, in one precinct, open the
ballot box. used in such precinct anc
count the ballots therein in order that
any fraud. or error practiced by the
election officers, may be discovered and
corrected: and the count made by tht
committee shall take the place OF Tho
count made by the precinct election
officers. Such application to be made
within ten days after such election.
In compliance with this provision OF
the marty law, and in addition to m,
notice Of contest, l also filed with th'
committee, petitions from voters, II
stanford Precinct, No. l, Waynesburg
Nos 2 and 8, and Hustonville. No. /
. as king that the ballot-boxes. used II
y these precincts be opened and the bal
lots therein counted. These petitions
were framed. signed and filed in stric
compliance with the above party law
After the filing OF my notice oil con
test and these petitions, the COMMITTEES
met. and without any trial, or even
consideration of the petitions, filed un
der the party law, my contest was, D.
a vote Of seven TO five, refused hear
ing and trial.
1 then filed, in the Lincoln Cireul
Court. a suit against the members Q
the County Committee, wherein | pray
ed the Court to compel the eommltte
60 meet and hear my contest. as pro
vided by law and party rules.
The Court-Judge Bell. after hearin
all Of the proof offered by the parties
decided that my contest had not bee
heard or tried and granted the praye
of my petition. and 80 entered Juda
ment, directing the committee to NEE
on Monday. July 9Th 1903. and hear m
contest. On Saturday afternoon. Jul
ard. lust one day before the date. hxe
for the meeting. Mr.. McCarty stoppe
the meeting of the committee. by exc
cutting Q bond and carrying the case
the Court Of Appeals. This Court doe
not convene until the srd Monday
ssutsmbsr. So nothing can now
done BY me until the case is heard an
decided BY the Court Of Appeals.