The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-22

Following is the decision of Judge
Hazen today in the Snow-Hudson state
printer case:
In the District Court of Shawnee coun-
ty, Kansas.
j. K. Hudson, Plaintiff, ts.j
E. H Snow ct al, Defendants. r.
No. Is, 525.
OPINION
On January 25 of this year plaintiff
fled a petition asking for an injunction
against defendants. Upon presenta ton
of this verified petition, the court allow
ed restraining order, and the appl1ca-
ton for temporary injunction was set
for hearing February 18th, when it was
heard upon affidavits The question
now to be determined is whether a tenn
porary injunction shall be allowed or
refused.
It is alleged in PLAINTIFFS petition, in
substance, that on January 25 1898, he
was duly elected state printer, received
his certificate of election, qualified and
on the first day of July, 1885, assumed
control and entered upon the discharge
of his duties as state printer; that he
was then recognized as state printer by
w. Q. Edwards, secretary of state, Otis
l. Anterior, state treasurer and F. B.
Dawes, attorney general, and has con-
tinuOuSly been in possession of said Of
flee performing the duties thereof; that
after he had assumed control of said Of
flee, was in possession and performing
his duties state printer and on the
9Th day of July, 1895, the defendant
Snow Instituted quo warrantO proceed
1HgS in the supreme court to GUST him
from said office. That on the same day
defendant Snow also commenced suit in
the supreme court against w. c. Ed
wards as Secretar yOf state to compel
said secretary to recognize Snow as
state printer; that both of said actions
were heard at the same time by the su-
preme court, upon their merits, and on
January IL, 1896, the supreme court de-
cided that Snow was not entitled to
said office and rendered judgment in
favor of this plaintiff and against Snow;
that the judgment of the supreme court
80 rendered in said actions was a final
adjudication of the rights of Snow to
said office of state printer, and that said
judgment is not only binding upon
Snow but is a determination of the
rights and duties of the other defend
ants in this action, w. E. Bush, Secre-
tary of state, L. c. Boyle, attorney gen
eral. and D. H. HefebOwer, state treas
urer.
That w. E. Bush as secretary of state,
IL c. Boyle, attorney general and d. H.
sdemeblower ,aS state treasurer, have
control of the state printing, and are
the successors in office of w. G. Ed
wards, F. B. Dawes and Otis L. w.
Ateherton, respectively; that these Off
GERS, after entering upon their respec-
tive duties, recognized this plaintiff as
state printer and issued acquisitions up
on him for various kinds of printing on
behalf of the state; that the legiSla
eure now in session has recognized this
plaintiff as state printer by making re-
QUESTIONS upon him from time to time
for various kinds of printing on behalf
of the state That plaintiff is still in
the full possession of said office and in
the enjoynents of it's profits and emoIu-
ments; that he has neither resigned nor
been removed therefrOm; that he has
custody of the stock provided by law
for the use of said state printer and
with the recognition of said officers and
both branches of the legislature, is now
doing the work required to be done by
the state printer.
That on the 23rd day of January, 1897,
defendant Snow demanded of the state
officers that he be recognized as state
printer. that he be given the work per
Gaining to said office, and is now seek
2ng to interfere with the rights of plain
tiff in and to said office; that defendant
Snow is demanding of his co-defendants
that they turn over to him the work to
be done by the state printer and cause
him to receive the emoluments of said
office, to the exclusion of this plaintiff
Rnd in disregard of his rights and
&heDebY Gust him from Office without