The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-13

plainant is without remedy IN the ordin-
airy course of procedure, and allege the
! fact to be that the powers as a court OF
! equity of the said Court of Visitation
for the protection of the rights of said
complainant are as full and ample as the
powers Of this honorable court, and that
by appeals the judgments and orders OF
said court may be reviewed as fully by
the supreme court of the state Of KAN
sas and the supreme court of the UniAd
States as are the judgments of the dis
trict courts Of the state Of Kansas: and
that there is no basis or warrant for the
exercise of the extraordinary powers Of
this court as court Of equity.
These defendants further answering say
that the action instituted by said state
solicitor in said Court of Visitation on
the complaint Of said ]. G. Maxwell is
an action in d court Of record brought
by and in the name Of the state of Kan
sas and under it's authority: that the con-
stitution and laws of the United States
deny 10 said complainant as defendant
in said action IN said Court of Visitation
any right to remove said cause into this
honorable court, because the state OF
Kansas is party thereto; that by its
bill in this suit the said complainant
seeks by changing the form of action and
by invoking the extraordinary powers of
this court In granting writs OF injunc-
ton to obtain by indirection that which
the laws of the United STATES prohibit to
be done, and that tins action IS but an
attempt to remove said suit pending in
said Court of Visitation into this court
for trial and final disposition and to de-
prive said Court Of Visitation Of its law
ful Jurisdiction therein.
These defendants further answering
aver that the said complainant asks that
a writ of injunction be granted perpetu-
ally staying proceedings in said suit be-
fore said Court Of Visitation: that said
court is a court Of record duly establish
ed. created and reorganized under and in
accordance with the constitution and
laws of the state of Kansas: that by sec
ton 100 Of the revised statutes OF the
United States It is expressly provided:
The writ of injunction shall not be
granted by any court of the United States
to stay proceedings in any court Of
state. except in cases where such injunc-
ton may be authorized by any law re-
lating TO proceedings in bankruptcy"
And these defendants expressly invoke
the protection Of said provision Of said
statute Of the United States.
These defendants further aver that IN
der the act OF congress, approved June -.
1898, entitled AN act TO provide ways
and means to meet war expenditures and
for other purposes" a stamp tax OF one
cent on each telegraphic dispatch or mes
sage was levied, which under said act IL
became and was the duty OF said COM
plainant to pay. yet in fact the said com
plainant disregarding its duties as a citi-
zen OF the United States has al all times
since the passage OF said act and now
does persistentIy refuse to afix a one
cent revenue stamp to the several tele-
graphic messages and dispatches which
It transmits and delivers or to the paper
on which dispatches and messages are /
written, and neglects and utterly refuses
to afix any revenue stamp or pay any
tax TO the government OF the United
States on any messages transmitted /
by IT,
These defendants having fully answered 1
all the matters and things averred. charE- /
ii and set out in said plaintiffs bin % 4
complaint herein. are ready 70 aver. !
and prove az this honorable /