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 THE LOUISVILLE CONTESTED ELECTION CASES

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Republican ballots, a certificate was re offices as Gas Inspector, Assistant Wharfturned and counted showing a vote of 202 master, Official Indexer, Street Supervisor, Democrats to 15 Republicans. Live Stock Inspector and Road Super In still another i2th ward precinct after visor. the close of the polls the police and an exAfter deducting all of the false majorities fireman, an old election-thief who was one and fraudulent votes from the apparent of the leaders on the secret midnight journey, Democratic majority, that majority was led a gang of 20 strangers into the polling reduced 2445 votes and really ranged from place and frightened away the Republican 960 to 2867 votes. But over against this officers. Although roo Republican votes were 6292 registered voters who had no had already been counted, the leaders of chance to vote and the result being there the gang, with the Democratic election fore uncertain the Court of Appeals held the officers, some or all of them, made up a election void. forged and fraudulent return of 233 to 10 The story of the outrages committed on in favor of the Democrats. this Black Tuesday, in November, 1905, In three other precincts in the city having might be continued almost indefinitely. a registered vote of 774, the Democratic The character of the crime and the more Election Clerks either stole or destroyed conspicuous incidents connected therewith the ballots, and no election at all was held. have been briefly stated. The statutes of In yet another precinct, strongly Republi the State of Kentucky are plain that these can, a band of armed thugs with the con are penitentiary offences, but as in the 1903 nivance of the police raided the polls ten election not one of these election thieves minutes before the closing hour, and at the has been brought to justice in the criminal pistol's point carried away the ballots in courts of Kentucky. On appeal to the a wagon and burned them in a saloon, the civil courts, however, justice has been proprietor of which was brother of a police asked and given, the ill-gotten gains of captain and cousin of the Democratic such fraud and crime have been taken from candidate for constable in that district. the hands of the beneficiaries, and the The false returns from these disfran people have recovered the right, which must chised precincts were in twelve different lie at the basis of all progress in government instances signed by "fake" election officers and of all reform — the right to choose their whom the Democrats had registered under own public servants. fictitious names. They were pure myths; In a well reasoned opinion the Court of none of them were ever produced by the Appeals concisely stated a number of Democrats or were ever seen or heard of by important legal principles governing con any witness in the record. tested elections which it may be interesting The record is filled with uncontradicted to repeat: evidence directly connecting thirty promi (1) "A defeated candidate may bring a nent Democrats, who all held official posi suit to set aside the election upon grounds tions "under the city administration or Demo specified in the statute, even though his petition does not show that he himself was cratic organization, with the commission of elected to the office. If the law were other felonies, but not one of them dared to testify wise, there might be no way to void an election which had been carried by the to clear himself of the charges against him. At least nineteen of the Democratic grossest frauds." (2) "The contestee's participation in or election offenders were rewarded by appoint knowledge of the fraud or other wrongdoing ment to or continuance in office by the does not have to be shown in order to set Democratic beneficiaries of the crimes. aside the election." (3) "The contestant need not show that They were appointed ' to such important