The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-15
SUIT AGAINST THE UsURPER.
Circuit Court Asked by Taylor ( Re-
strain J.. C.. w.

LOUISVILLE, Feb. H.-Suit was filed in
the Circuit Court this afternoon by counsel
for Governor Taylor seeking to restrain
j. c. w. Beckham from acting as Gov
ernor and Gen John B.. Castleman from
attempting to discharge the duties of adju-
tant general. Summonses were served on
the defendants this afternoon. The suit
will be allotted to one of the circuit judges
by a drawing. This drawing may not be
held for several days. When 1t is held an
application for a restraining order will be
made. The suit is brought by Governor
Taylor for himself individually and as Gov
ernor of Kentucky. The petition asserts
that Governor Taylor was elected to the
office Nov. Z, 1899, and afterward received
from the State Board of Election Commits
sioners a certificate of his election and
qualified as Governor. The petition con-
tinues:
"Since the time of his said qualification to
the present time the plaintiff has con-
tinuously been and Is now performing the
functions of the office and is recognized as
Governor by the other state officers. But
plaintiff says that the defendant j. c. w.
Beckham is now and for some time has
been claiming and pretending to be the
Governor of Kentucky and to have the
office. claiming that on the aforesaid Nov.
Z, 1899, one William Goebel was elected
Governor of the said State. and that he,
the said Beckham, was then elected Lieu
tenant Governor, and that by reason of
the subsequent death of said GOebel he, the
said Beckham, has become invested with
the powers of Governor of said State. And
he Is now and for some time has been
pretending TO exercise the powers and per-
forming the functions Of the Office of Gov
ernor aforesaid. He has been pretending
to send messages as such Governor to the
General Assembly of Kentucky and has
pretended to appoint the defendant John b.
Castleman as adjutant general of Ken
lucky and to vest him with power and con-
troll over the military OF said State, and
the said defendant Castleman is now claim
ing and pretending TO be such adjutant
general Of the State.
Plaintiff says that by reason Of the
aforesaid acts of defendant herein great
confusion has been produced and is now
plaintiff is being greatly hampered and
interfered with in the performance Of his
duties as Governor of the said State.
Wherefore plaintiff prays for an injunc-
ton against the defendant j. C. w. Beck
ham enjolning and restraining him from
performing or attempting TO perform or
claiming the right to perform any of the
functions of the Office of Governor of Ken
lucky and against the said job b.. Castle
man from performing or attempting to
perform or claiming the right to perform
any or the functions or the Office OF adJu-
tant general of Kentucky. And an injunc-
ton against each of the defendants from
interfering in any way with the perform
ance by the plaintiff OF the duties or func-
lions of the office of Governor aforesaid.
He further prays for his costs herein ex-
pended and for any other relief TO which
he may appear to be entitled"
The Senate met to-day without a quorum
and adjourned until tomorrow. In the
House the senate resolution calling upon
Governor TaylOr TO withdraw the militia
from the capital and surrender the execu-
tive offices to Governor Beckham, was
adopted after some debaO. the feature of
which was a speech by Representative En-
NETT Orr, taking exception TO the clause
of the resolution asserting that the shot
which killed Governor Goebel was fired
from the executive building. The House
then adjourned until tomorrow.