The interior journal. [volume] (Stanford, Ky.) 1905-1910, 1909-10-05
Baughman-McCa Contest.

Deals In the suit OF M. ;. Baughmar
~ the Democratic County Committed
relative to the contest Of Mr.. mcCarty'i
light 70 a certificate Of nomination To-
iheriff. Since writing that paragraph
We have seen the full opinion Of thu
,ourt which sustains the action Of thu
as well as the reason which
their ruling on McCarty''
demurrer. After recitlng the facts o.
he contest, the appellate court pro
leeds TO say:
"Baughman gave to his successful
opponent notice Of contest in
which he stated that the officers of
the election and the committee had
wrongfully counted more than 200
Illegal votes as having been receiv-
ed by McCarty. giving the names
OF the voters in each precinct and
the reasons why they we're illegal.
McCarty answered the notice of
contest by counter notice, in
which he denied that 200 or any H.
legal votes had been cast or count
ed for him in the primary, and de-
MED specifically that certain voters
named by Baughman were Illegal
for the causes named or for any
cause. lie agreed with Baughman
that certain other voters named in
Baughman's notice Of contest were
illegal voters; but denied specifical-
ly that they voted for him and al
legged that they voted for Baugh-
man. McCarty also gave the names
of many other persons and alleged
that they were illegal voters and
that they had voted for Baughman
at the primary election. He alleged
that his real majority over Baugh-
man was much greater than report
ed by the committee. The county
committee met on day fixed and
adopted rules for the contest; and
on that day, after adopting the
rules. McCarty by counsel filed a
demurrer to Baughman's notice OF
contest. Argument Of counsel for
the parties on this demurrer was
commenced before noon and resum-
ed and finished afternoon. After
the argument the committee left
the court room and went to the cir
cut court clerks office to consider
and decide the question submitted.
After considering the matter. the
committee decided by vote ofsev-
en- TO five to sustain the demurrer
and dismiss the proceeding.
There was no effort by Baughman
OF bis counsel to file an amended
notice or pleading.
Further along and referring to Baugt
mans charge that the committee ha
failed and refused to give him a trii
of his contest. the court says:
There can be no doubt that the
committee did meet and act as a
body upon appellee (Baughman's)
contest, by hearing and considering
a demurrer filed to his proceedings,
which demurrer they sustained and
dismissed the contest. This ended
the matter in so far as the commit
tee is concerned This court has no
power 70 review the action of the
committee. "
Referring to Biughman's contentic
that the committee should have openC
the ballot boxes and counted the ballo
because a petition of 10 per cent. of Il
voters in certain precincts had reques
ed that this be done, the court says;
The difficulty in the way of Baugh-
man is that he did not make these
petitions part of his notice or pro-
eeeding; he did not refer to them in
any way so as to give the commit
tee notice that he relied upon these
petitions to aid him in his proceed
ings. And further, THERE WAS NO
CONTEST PROCEEDING PENDING
WHEN THESE PETITIONS SIGNED BY
THE VOTERS OF THE THREE PRE-
cINcTs REFEREED To WERE FILED
WITH THE CHAIRMAN REQUESTING A
RECOUNT or THE BALLOTS.
We are informed that il was upon q
ground set forth in this last quotati'
that the committee, or some of Their
favored sustaining McCarty's demurre
The court of appeals thus upholds DO
the action and the reason OF the acti'
of the committee. and reverses Il
Judgment of the circuit court. III
opinion concludes thus;
1.-THE judgment Of the lower court
is reversed and remanded with in
structions to dismiss Baughman's
petition. :"
Thus ends this improvident party CO
troversy. An additional quietus is p
to it by the following letter from Hem
X. Prewitt. chairman Of the Damocra
ic State Central Committee to M
Baughman. a copy Of which was sc
nv Mr.. Prewitt 70 McCarty: