The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-15
The CONTESTS
IN KENTUCKY.
Injunction Against Minor State
Officers Is Denied
BY JUDGE TAFT IN U. S. COURT.
GoeheI Election Law Declared 10 Be a Most
Infamous enactm;nt
CONDITIONS IN KENTU( KY DENOUNCED
Question for Tho Court Is One Of Law, He Sad, In
SpIIs Of The Gu RACES Thai Are
Alleged In tho Bill
GoeheI Election Law Declared 10 Be a Most
Infamous Enactm3nt
CONDITIONS IN KENTUl KY DENOUNCED

Cincinnati. o., Feb. 15.-Holding that
the federal court had no jurisdiction
in the contests in Kentucky. Judge Taft
yesterday afternoon refused TO grant
the application for injunctions against
the Kentucky state board OF elections
and the Democratic contestants nor
state offices other than governor and
lieutenant governor.
Judge Taft denied the applications
for injunctions i'm both cases I'm the
Kentucky suits. After citing the law
showing that the federal court had no
Jurisdiction in such cases lie reviewed
the Goebel election law as the most
Infamous statute that had ever come
before the attention Of court. and he
denounced in vigorous terms the con-
ditions tnat have existed in Kentucky.
and that are cited in the bill of facts,
but he held that it was merely mat
ter OF law with the court notwith-
standing the outrages that are alleged
in the undisputed statement OF the
facts OF the petitioners.
In his decision Judge Taft SAID:
The injunctive process of the court
is sought to prevent removal from
Office. Ii is unnecessary 10 discuss the
question whether a federal question is
or 10 consider the correctness OF the
claim of complainant that the rights
and immunities secured TO him as a
citizen OF the United States by the l4th.
amendment 10 the federal constitution
are infringed or likely 10 be infringed
by the acts OF the defendants done or
to be done.
1T is sufficient 10 hold, as 7 do. that
a court OK equity cannot by process OF
injunction prevent Tf1p removal or an
officer from his Office. His remedy
must be at law by quo warranto or
other like proceedings, 1t is conceded
that the laws OF Kentucky afford to the
complainant remedy by quo warran-
to. also a remedy at law to prevent
usurnation in office
IF IN such proceeding any such fed
eral question can be raised complain
ant may carry ~ If decided against
him by the state courts, by writs of
error to the supreme court OF the
United States. He cannot invoke the
action Of a court OF equity TO protect
his right 10 his office"
The judge held that public office I'm
Kentucky was not property. but a trust
where tine compensation was only for
services rendered. IL was not even a
contract.
Referring to the claim that the Ken
lucky courts practically denied hear
ing. he said
TT is said that there is Inadequate
remedy here because the courts of
Kentucky are two years behind In the
disposition of business. and a decision
would be long delayed. Ii is hardly n
sufficient ground for appeal to a federal
court OF equity that state courts Of
law are too busy to do Justice"
There was an immense crowd in the
federal building awaiting the decision
of the court.
WHAT HE THINKS OF 1T.
Frankfort. Ky. Feb. l5.--When in
formed yesterday afternoon OF Judge
Taft's decision on the petitions for In
junction writs against the state board
OF elections and the Democratic con-
testants for minor state offices. Gov.
Taylor gave out the following state
ment:
The decision OF Judge Taft, holding
that his court had no Jurisdiction in
the case of the minor state Offices, does
not affect the merits of the case He
does not determine that the petition
ers had no merits In their cases, but
only that his court could not take ju-
rsdiction and right the wrong. III he
had held that he had jurisdiction, it
would have all been over. for the out
RACES were so slaring that the RepHb-
licans would have won, hands down.
The decision in said cases does not in
the least affect my case.
WILLIAM S. TAYLOR,
Governor OF Kentucky.