The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-07-02
HUDSON IS WINNER.
Judge HAGEN Refuses to Grant an
Injunction
TO RESTRAIN MAJOR ]. (. HUDSON

cumbent is one of the ex-es.
Judge Hazen in the district court to- /
day decided the preliminary points in
the state Partnership battle in favor of
Major Hudson.
In the suit being decided, Mr. Snow /
sought by injunction TO prevent Mr. Hud-
son from assuming the Office of state /
printer or exercising any claim to the I
Office or its emolumuents until he had |
been awarded the office by a higher court |
competent to pass on the points of law
involved Is was also sought to enJoln |
the executive council from recognizing |
until the courts had awarded him
the Office As an evidence
of good faith Mr.. Snow had agreed. in
case the suit was finally decided against
him, to turn over to Major Hudson all the
money he would have received as state
printer after July 1.
Mr.. Snow claimed that Mr.. Hudson, on
the other hand, was insolvenf, and in case
he Snow finally won the case he would
have no recourse against AIr. Hudson.
The defense admitted that Mr.. Hudson
was proof against an exc cution.
By deciding the preliminary points
against Mr.. Snow, the caee will go be-
fore the supreme court on its merits j.
z, Hudson has the advantage of position,
and it is for Mr.. Snow to disprove his
rights to the office and demonstrate the
equity of his claims Mr.. Hudson is
therefore state printer and will remain
so several months at least, if not for the
entire term of two years. Mr.. Snow will
probably begin quo warrsnto proceed
ings at once to GUST Hudson Snow will
make every effort to have the case
brought to a speedy termination, but he
predicts that Mr.. Hudson will resort to
delay. This remains to be seen.
In deciding the case Judge Hazen
held that an applicant for relief in a
court of equity should appeal to the
court with clean hands. While the court
was not authorized to pass on all the
points of law involved in settling the
dispute, he was at liberty to take cog
nizance of them. He held that Mr.. Snow
had resorted to trickery and unfair
methods in obtaining the Office.
The Judge also held that there was no
emergency requiring the Interference of
| the court at this time-that the Office of
| state printer is more of private snap
! than a public trust. and that Mr. Hud-
son and Mr.. Snow should be allowed to
| fight it out
In deciding the case Judge Hazen said
in part:
at seems to be settled that an officer
| de factO, in certain cases. may protect his
| possession of an Office by injunction, and
| compel his opponent to resort to quo
warranto proceedings to determine the
title to the office; but this is the excep-
ton rather than the rule.
at is elementary that person invok
ing the equitable jurisdiction of court
| of chancery must do so with clean hands.
If the position he has attained, and on
account of which he is asking equitable
relief, has been obtained by means of
| IL. INt< Il,
court of equity will not assist him.
"Why did Mr Snow resign on Decem :
Der IL, 1894? The answer is plain. It
was to acquire a supposed advantage
over his adversary. He knew from the
political complexion of the house that he
could not be re elected to Office and not
desiring to contest with adversary
holding the same kind of title to office
which he himself held he preferred to
renounce his title by election and take
his chances of holding by appointment
This he, had perfect right to do aud
may be successful in the end,
but a court of equity will not
hasten to his rescue when his
possession of Office is endangered. But
aside from this, the conclusion is irresisti-
BILE that Mr.. Snow and his friends have
been sparring with Mr.. Hudson and his
friends for position in this very fight
date of the constitution is required to
meet with all the other senators and
members of the house for the purpose of
selecting state printer. The constitu-
ton imposes this as a duty upon him and
| prescribes the day upon which the cleo
ton shall take place, but leaves to the
house and senate the hour and place of
meeting, which they may regulate to
suit themselves.
"In the resolution passed by the house
and the resolution passed by the senate
the hour and the place of meeting were
agreed upon; but notwithstanding this
the senators friendly to Mr. Snow refused
to obey the mandate of the constitution
and sufficient number of them remain
ed away from the place designated in the
joint resolution to prevent the presence
of quorum of senators at the joint
meeting And by reason of this fact Mr..
Snow asserts that there was no joint ses-
sion OF the legislature, and without q
joint session no state printer could be
elected, and therefore asks a court OF
, equity to interfere in his behalf aud pro-
tect him in his possession of the office.
at may be said that sir. Snow is not
responsible for the action of the senate in
, relation to the election of a state printer.
While court of law in QUO warranto
proceedings may not hold Mr.. Snow re-
sponsible for the action of the senate, vel
court of equity will scrutinize the ac-
ton of the senate with a careful eye to
determine whether it was in Mr. Shows
interest that the unusual and extra.
ordinary proceedings were taken
and the equitab bic relief demanded
will not be granted unless it il
clearly satisfied that he was MOI
instrumental, directly OF Indirectly
in bringing about the condition of affair:
upon which he relies to beat his adver.
sary.
''Is the Office of state printer one il
which the public is interested, or By
which the public could be affected
= during contest over it? 1t ii
true the Office of state printer
is recognized as q public Office. but il /: