Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-02

boards OF election commissioners, a
board authorized ana designated by the
law To compare the polls and award
certificates, certificate certifying 10
their election as aforesaid except the
plaintiffs Mckinney and Van Meter,
who We're seated by the legislature
after a contest. That under said GER
tihcate they qualified as senators and
representatives for the commonwealth
OF Kentucky on the 2nd day OF January,
1900. and have ever since said date been
acting as senators and representatives
for the state of Kentucky and discharg-
ing the duties pertaining 70 the Of
fees Of senators and representatives. FOR
said state
That while they were engaged in the
discharge OF their duties according TO
the law. the defendant. w. 5. Taylor,
on the S0th day OF January, 1900, with
out right or authority Of law and IN
violation OF the constitution Of Ken
lucky and the laws made In pursuance
thereof by force Of 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 sem
ute chamber and the hall OF the house
OF representatives and stationed armed
men therein and has since prohibited
these plaintiffs from asser1bii-" ~ the
capitol building in their respective
chambers. or assembling IN JOINT ses-
sion therein, and has interfered with
the discharge OF their duties, and j.
still interfering and threatening to in
terfere with these plaintiffs In the per-
Torrance Of their legal duties That
the said Taylor has without right or au-
thority OF law called the legislature to
meet. In London. Laurel county, KY. on
the sixth day OF February 1900 place
remote from the seat of government
and London being a small village, stu
ated IN a sparsely populated part Of the
STATE with no buildings or rooms or
houses sufficient TO accommodate the
general assembly OF the commonwealth
OF Kentucky, in which to perform their
legal duties.
That he has stationed about the capi-
tol building and In the senate chamber
and In the han OF the house Of repre-
sentatives armed men, and has collect
ed large number Of armed men who
are now encamped in the capitol square
to prevent these plaintiffs from meeting
and discharging their duties as repre-
sentatives Of the people, and Is threat
ening by force and violence and said
unlawful methods 10 continue in the
future 20 prevent them from assembling
and discharging their duties as such
representatives.
They state that the aforesaid unlaw-
full acts by the said Taylor are against
the will and consent Of each house Of
the general assembly and the members
thereof They say the two houses had
not disagreed in respect 10 the time Of
adjournment nor had they disagreed In
reference 10 adjournment at all, but at
the time Of the aforesaid unlawful and
violent interference they were peace
ably engaged In the discharge OF their
duties as senators and representatives
Of the commonwealth OF the State OF
Kentucky.
The plaintiffs then quote the prOvls-
ions OF the constitution OF the State OF
Kentucky. which Gov. Taylor claims
gives him the power 10 adjourn the leg
islature. The petition then continues:
The plaintiffs now state that they
had not IN any manner disagreed as TO
the adjournment OF either house, nor
had they In any respect been guilty OF
any derelictlon OF duty. nor had they
failed or refused 10 faithfully perform
the duties pertaining 10 the general as
sembly and their respective offices, But
they say Notwithstanding that fact, the
defendants are now threatening by
force OF arms and other violent meth
DDS, 10 force the legislature 10 meet
as aforesaid at London In Laurel c0un-
~, Ky, aud still refuses and threatens
10 prevent q meeting OF the general as
sembly In their respective chambers In
the State capitol. or anywhere In the
city Of Frankfort, the seat Of the gov
eminent OF this commonwealth. and
unless restrained and enjoined by the
orders OF this honorable court, they will
prevent the meeting OF the general as
sembly at the place designated by the
constitution and laws Of the common
wealth. and will force them TO meet in
London, Laurel county KY, as before
stated"
They further state that said laurel
county Il in a lawless portion OF the
State. without any sufllc ent police force
or civil authority TO protect the mem
bers OF the general assembly In the dis
charge OF their duties and In a section
Of the State where many lawless dis
turbances and factional fights have
heretofore occurred, often resulting In
the adjournment Of the courts OF the
State. making u frequently necessary
for the State militia 10 be called out 20
protect the courts In the discharge Of
their official duties.
And Notwithstanding troops have
been repeatedly called to said section
and then co.operated IN conjunction
with the civil authorities. they have
been totally unable to suppress the
fights and lawlessness and fractional
strife IN said sections and the same Is
now completely terrorlzcd and domi-
mated by lawless bands Of men engaged
in feuds and other violations Of the
law. The plaintiffs further aver that,
denying the right OF the defendants 90
make the adjournment Of the general
assembly without their consent, they,
the plaintiffs, have repeatedly, to-wlt:
ION the sist day OF January, 1900. and
on the lst day OF February. 1900 and
on other occasions made an effort 10
enter the hall OF the house OF represen-
tatlves and the senate chamber az reg
ular hours for transactlng their busl-
ness and have been met with a large
military force. acting under the order
OF the defendant, W. 5. Taylor, and
his adjutant general and prohibited
from entering into their house for the