The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1900-02-16
Judge Taft Refuses to Issue a Re-
straining Order Against State
Elect II Comm SsiOners.
IT APPLIES TO MINOR STATE OFFICERS
Gov. Taylor Enters Injunction Suits
Against j. w. c. Beckham and
}. p. Castleman at Louisville.
The House and Senate Met We'd
neSday at Frankfort, But Both
Lacking Quorum, Adjourn
Until Thursday.

Cincinnati, Feb. 15.-Judge Taft of
the Federal court here at o'clock
announced his decision on the Ken
lucky election cases. He holds that
the Federal court has no jurisdiction
and refuses to grant the restraining
order asked for by the republican pc
titioners against the kentucky state
board of election commissioners to
prevent them from depriying the mi
nor state republican officers from
holding the offices to which they were
clearly chosen.
The case presented many fine points
of law. The court could not 90 into
the merits of the case outside of the
strictest Interpretation of the Federal
laws and constitution. That the minor
state officers of Kentucky were clearly
elected, that they had received their
certificates of election from the state
board of election commissioners and
had signed commissions from the gov
ernor, were only important details in
the litigation. The first and vital ques-
ton to be considered was that of iuris-
diction. We're the acts charged in the
petition clearly within the scope of
Kentucky statute authority and iuris-
diction? was the main point at issue.
The court did not sit in judgment on
the law and constitution of Kentucky.
1t sought to determine the conflict, if
any existed, of the Kentucky statutes
or acts done under these statutes
with the Federal constitution or laws
of equity.
Louisville, KY, Feb. 15.-Gov. Tay-
| lor took the initiative Wednesday af,
ternoon and filed an application for an
injunction against j. C.. w. Becbham
and John b. Castleman. He seeks to
enioin the first named defendant from
attempting to exercise the duties oil
governor of Kentucky, and the sec
ond defendant from acting as adiutant
general. Taylor sues as an individual
and also as governor of Kentucky
Taylor's attorneys are Helm & Bruce
Breckenridge & Shelby, w. II. Ycst
w. 0. Bradley and A. E. Wilson.
The attorneys have not yet applied
to any of the circuit Judges for tenn
porary restraining order.
The senate met Wednesday without
a quorum. and adjourned until Thurs
day. In the house the senate resolu
ton calling upon Gov. Taylor to with
draw the militia from the capitol anC
surrender the executive Offices to Gov
Beckham was adopted after some de
bate, the feature Of which was
speech by Representative Emmett Or
taking exception to the clause Of the
resolution asserting that the sho
which killed Gov. Goehel was free
from the executive building. TIL,
house then adjourned until Thursday
Frankfort, Ky, Feb. 15.-Suit wa
filed Wednesday afternoon against w.
Taylor by attorneys for j. c. w. Beck
ham, seeking to Dust him from tn,
gOyernOrship of Kentucky. The peti
ton was finished Wednesday morning
and the proceeding is in the natur
of a quo warranto and mandatory in
junction.
The petition is signed by Attorney
} W. S. Pryor, James Andrew Scott
Louis McQuown and John X. Hen
dricl, and recites all the proceeding
in the legislature relative to the sit
, tings of the contest board, its repor
, and the vote of the democrats of bot
houses in Joint and separate sessions
; The house and senate met at
o'clock Wednesday morning, and, bot
lacking a quorum, adjourned to NEE
at II o'clock Thursday.
: Louisville, KY, Feb. 15.-There is
movement on foot among the legisla
tors here to return to Frankfort. re
gardless of the action of the courts
although it is not acknowledged b
: the democratic leaders that there ar
doubts of the legality of proceeding
here, especially since the legislator
have been given access to the Assem-
bly, halls at Frankfort.