The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-02-13

a. to include In it the right to vote, to
elected permitted to exercise the funo-
lions OF their offices.
Judge Taft here asked II the right to
vote was granted by the 18th amend
ment, to women.
Mr. Bradley replied that, while women
had not the right to vote, It. was never
theiess true that authorized electors were
entitled to protection by the federal
courts against any state agent which I'M
derstook to nullify that vote.
Lawrence Newell, Jr., of the deten-
dants, made an argument on the propo-
sitions that this court had no jurisdiction
because the petitioners did not petition a
care Of equity ana did not fall unjerFthe
provisions OF the 14th amendment of the
Us. Constitution. He said the position
Of these complainaDts was In course Il
settlement by u stats tribunal. Contest
proceedings in their cases were penriinN.
This condition presented none Of the feat
ures Of an equity case.
Mr.. Maxwell reoited cases In which 1t
had been held that the court had no
power to interfere in the removal Of an
officer and that courts OF equity took
conRnizanoe only Of civil and property
rights. He claimed there was no ground
whatever for federal int Inference. Re-
ferring to the claim under the 18th
amendment he said the right to hold
offics IN the State of Kentucky was not
one Of the rights guaranteed by that
amendment. Ihess Offices were creations
Of the Stats of Kentucky and the right
to hold them could not be construed into
one of the righss designated In the
amendment referred to.
4 Mr. A E. Wilson, for the plaintiffs,
followed. He read authorities on tie sIb-
jet Of the Jurisdiction Of the court under
the 18th amendment of the us. Constitu-
ton. He characterized this court as one
fres from the excitement and PARTISAN
ship that existed In Kentucky. These
plaintiffs, he said. have come here "a
last resorts to the people of Kentucky.
Mr.. Scott tor the defendants, made the
point that the court could not interfere
to prevent the future action OF the board
of contest He said the only real attack
Wnlon nhu been maIe on the ooepei Jaw
was that 1t provided that all the election
commissioners throughout the state
should bs partisan Democrats He ridi-
culed the idea of making this the ground
Of Interference of this court and insisted
that the right to hold Office was not one
OF the rights defined In the 18th amend
ment of the Constitution. he argued
against the jurisdiction of this court.
Gov. Bradley, in his closing argument,
insisted that the contest beard being
made into q court was repugnant to the
constitution of Kentucky, which specified
what courts should be created. The at
' Tempt 70 eonfsr judicial authority on this
board deprives those plaintiffs of their
lights and gave this court jurisdiction.
In reply to question By the court,
Gov. Bradley said he did claim that these
offices were property. He closed by the
declaration that there was no remedy
in the state courts and that equi Y has
jurisdiction where common law tailed
and even where equity could better r.
dr. So the Injury than could the common
law. After the conclusion of the arRu-
ments Judge Taft ady ised counsel that
he would announce his decision SO far
as the courts having jurisdiction in the
GASES was concerned, at p. IN. on Wed.
nesday next