Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-02
APPEAL TO COURTS
Democrats Ask for Injunction Against
Taylor and Collier.
TO PREVENT REMOVAL TO LONDON
Also to Keep Troops From Inter-
fering With Legislators.
G. OE B E L STILL ALIV E

FRANKFORT. KY, February 2.-The fol-
lowing notice to Gov. Taylor and Adjt. Gen
Collier was filed this morning in the circuit
court before Judge Cantrell by the demo-
cratic attorneys. South Trimble. speaker
of the house. appears as the plaintiff in the
case
w. S. Taylor and Daniel Collier:
You. and each of you. are hereby notified
that on Saturday, February 8, 1900 we will
ask for order of Injunction restraining
you, and each of you. and all others from
interfering with meetings of the general
assembly of the commonwealth of Ken
lucky in any manner whatever. or from
assembling said legislature at the city of
London. Laurel county. Ky, upon petition
this day filed in the Franklin circuit court.
and from committing any of the wrongs or
unlawful acts therein set forth. Said mo-
tiOn will be made before the Hon. James E.
CantreI of the fourteenth judicial district
of Kentucky. in the circuit court room in
the court house at Frankfort. KY, at or
about the hour of IL o'clock am.
Gist of the Petition.
The following petition was filed in the
circuit court To-Day, all the democratic mem
bers of the legislature being signers:
Franklin Circuit Court: The plaintiffs
state that th,y are members of the general
assembly of the commonwealth of Ken
lucky. duly elected at the November cleo
ton. 1899 and were dUly qualified as MEM
bers of said general assembly on the ID
Gay of January, 1900. nd have ever since
said date been acting as senators and rep
resentatives for the state of keEucky and
discharging the duties pertaining to the
off af nd sr1ro for
said state.
That while they were engaged in the dis
charge Of their duties according to law, the
defendant, W. 5. Taylor on the Both day
ef January, 1900. without right or authority
of law, and IN violation Of the constitution
of Kentucky and the laws made in pursu-
ance thereof, with force and arms and with
a regiment of the Kentucky State Guard
dispersed the general assembly, of which
these plaintiffs Were members, and forcibly
took possession of the senate chamber and
the hall of the house Of representatives,
and stationed armed men therein, and has
since prohibited these plaintiffs from as
sembling in the capitol building IN their :e-
srective chambers and assembling IN joint
session therein and has interfered with the
discharge Of their duties and is still Inter
fering and threatening to interfere with
these plaintiffs In the performance Of tceir
legal duties
London Given Bad Name.
That the said Taylor has, without right
or authority Of law, called the legislature to
meet in London, Laurel county, Ky, on
the 9Th day of February, 1900, a place re-
mote from the seat of government, the said
London being a small village, situated in
sparsely populated Iart of the state. with
a;-
to accommodate the general assembly of
the commonwealth of kentucky, in which
to perform their legal duties.
That he has stationed about the capitol
building and in the senate chamber and
in the hall Of the house of representatives
armed men and mas collected a large num-
Der of armed men, no are now encamped
in the capitol square 10 prevent these plain
tiffs from meeting and discharging their
duties as representatives Of the people and
is threatening by force and violence and
said unlawful methods to continue in the
future to prevent them from assembling
and discharging their duties as such rep
resentatives.
They state that the aforesaid unlawful
acts by the said Taylor are against the
will and consent of each house of the gen.
eral assembly and the members thereof
They say that the two houses had not dis
agreed in respect to the time of adjourn
ment, nor had they disagreed in reference
to adjournment at all. but at the time of
the aforesaid unlawful and violent inter-
ference, they were peaceably engaged in
the discharge OF their duties as senators
and representatives of the commonwealth
OF the state cf Kentucky. The plaintiffs
then quote the provision of the constitution
Of rba -
lor claims gave him the power to adjourn
the legislature.
No Disagreement between Houses,
The petition then continues:
The plaintiffs now state that thew had
not in any manner disagreed as to the ad-
journment of either house nor had they in
any respect been guilty of any dereliction
Of duty, nor had they failed or refused to
faithfully perform the duties pertaining TO
the general assembly and their respective
ofhces- But, they say, notwithstanding
said fact- the defendants are now threaten
ing by force of arms and other violent
methods to force the legislature TO meet at
London, Laurel county. Ky, and still re-
fuse and threaten to prevent a meeting of
the general assembly in their respective
chambers at the state capitol or anywhere
in the city Of Frankfort. the seat of gov
enJoined and restrained by the orders of
this honorable court they will prevent the
meetings Of the general assembly at tba
place designated by the constitution snd
the laws Of this commonwealth.
They further state that Laurel county -
in lawless portion of the state. withor.
any sufficient police force or civil author.v
to protect the members Of the genera! As
sembly in the discharge OF their official
duties, and in a section of the state where
many lawless disturbances and factionaI
fights have heretofore occurred, often re-
sulting in the adjournment of the courts of
the state, making it frequently necessary
for the state militia to be called out to
protect the courts in the discharge of their
official duties. And notwiths ta ndinr, troo,s
have been repeatedly called TO said section
and have operated in conjunction with the
civil authorities. they have been totally un-
able to suppress the fights and lawIessnsss
and factional strife in said sections. and ,be
same is now completely terrorized and dom
mated by lawless bands of men engaged in
feuds and other violations of the law.