The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-02-15

7
10 which this action would have to be
brought, are two years behind in the dis
POSITION OF their business and decision
would he long delayed. II is hardly a
sufficient ground for appeal to Federal
court OF equity that State courts OF law
are too busy to do justice. The delays
incident 60 quo warranto proceedings az
reason for iusttfying equitable interpre-
tation was certainly brought to the at
tention Of the supreme court IN the Saw
yer case, because Chief Justice WaNe, 10
Ids dissenting opinion. comments on II
and suggests It as his ground for With
holding his concurrence from the broad
doctrine laid down by the court, that M
der no circumstances had court OF equity
jurisdiction to interfere by injunction to
preveyt a removal of an officer, however
fraudulent or unjust the election. In
the Wilson case In North Carolina in 1869.
the doctrine OF the Sawyer case Is modified
upon the points under consideration. An
examination of that case fails to support
the suggestion. The Wilson case in
volved the title to a State office and tho
validity OF removal theretrom. But II
was an action at law--it was a proceed
ing in quo warranto and was carried from
the supreme court of North Carolina TO
that OF the United States by writ OF err
equity Jurisdiction at all The
case of in re Sawyer is leading cass
upon the subject and settles oonelusivey
for this court the principle which must
obtain in the injunctiye power OF coprt
Of equity. The CAGE Is so elaborate that
any other citation of authority on the
principle which II receives is wholly
superfucus. l should have been able u
decide this question at the close of the
argument. but the Importance OF the in
terests involved and the outrageous char
acter the electoral includes under the
forms of law which the bills charge that
the State contest board ~ about to cou-
summate, had led me to give the question
fuller and more careiia Investigation
This has only confirmed - first impress
sion ard requires ME to make an order
denying the motion for preliminary in
junouion in both questions"
Frankfort, Ky. February 1.-THE action
OF Judge Taft in Cincinnati today denying
Federal jurisdiction in the contest for
the minor places on the State ticket did
not discourage Taylor in the least. He
contends that the matter has nothing
whatever to do with his own case and
when informed of Judge Tsft's decision
gave out the following statement to the
Associated Press
The decision Of Judge Taft holding that
his court has no Jurisdiction In the case
of the minor state officers does not affect
the merits OF the case He does not de-
termine that the petitioners had no merits
in their cases, but only that his court
could net take jurisdiction md right the
wrong. II he had held that he had iurls-
diction 1t would have all been over for
the outrages were so garng that the re-
publicans would have won hands down,
The decision in said cases does not IN the
least affect my case. w $. Taylor,
Governor of Kentucky"
After giving out the statement Taylor
said: Il never really believed that the
matter could he made to stick in the court
before Judge Taft but we felt obliged TO
try It. This is case where all the legal
remedies must be tried and exhausted II
necessary. We will try every thing that
the courts afforded us
The suit of Beckham vs.. Taylor for the
possession Of the Office OF governor was
brought today in the circunt court a,
Fankfort Up to a late hour the sheriff
had not succeeded In serving notice on
TAYLOR and the chances of his doing so did
nct seem bright, as all visitors TO the
Office OF the governor or to the sunernato
rial mausiou were compelled 10 run
gauntlet OF guards who we're on the LOOK
cut FOR gentlemen with suspicious paper
The petition in the suit holds that W. 5
Taylor Is not the governor OF the Stat'
and that with an armed force he hold
possession OF the executive building.
Is alleged that no Is drawing money with
oui auth rity OF law from the state tret.s
ury. pardonlng convicts and doing othe
things that are detrimental TO the weliar
Of the State The petition asks that tn
court enjoin him from performing any o
the duties OF governor and assuming an
control whatever over the legislature Ap
olication for the Injunction will be mad
,riday before Judge Canrill at george
own,