The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-03
The Statement and Petition.


bers of the General Assembly of the Com
monwealth of Kentucky, duly elected at
the November election in 1899. and were
duly qualified members of said General
Assembly on the second day of January,
1900. That the said election, held on the
eth day of November, 1899, was the regular
election at which members of the General
Assembly could be and were elected; that
each of these plaintiffs received majority
of the legal votes cast at said election Ior
the office of senator and representative of
the Commonwealth of Kentucky, and each
of said plaintiffs received from the county
boards of election commissioners. board
authorized and designated by the law to
compare the polls and award certificates,
certificate certifying to their election as
aforesaid plaintiffs, Mckinney and Van
Meter, who were seated by the Legislature
after a contest. That under said certifi-
Gates they qualified as senators and repre-
sentatives Of the Commonwealth of Ken
lucky on the I'd day of January. 1900, and
have ever since said date been acting as
senator's and representatives for the State
of Kentucky and discharging the duties
pertaining to senator's and representatives
for the State.
THAT while they were engaged in the
discharge of their duties, according to law,
defendant w. S. Taylor. on the 3oth day of
January, 1900, without right or authority of
law and in violation of the Constitution of
Kentucky, and the laws made in pursuance
thereof. with force and arms and with
regiment of the Kentucky State Guard dis
persed the General Assembly OF which
these plaintiffs were members and forcibly
took possession of the Senate chamber and
the hall of the House of Representatives
and stationed armed men therein, and has
since prohibited these plaintiffs from as
sembiing in the Capitol building in their
respective chambers or assembling in joint
session therein, and has interfered with the
discharge of their duties and Is still inter-
fering and threatening to interfere with
these plaintiffs in the performance OF their
legal duties.
THAT the said Taylor has, without right
or authority of law, called the Legislature
to meet in London, Laurel county, Ken
lucky. on the 9Th day of February, 1900.
place remote from the seat of government,
the said London being a small village sit
uated in sparsely populated part OF the
State. with no buildings rooms or houses
sufficient to accommodate the General AS
sembly of the State of Kentucky in which
to perform their legal duties. That he has
stationed about the Capitol building and in
the Senate chamber and in the hall of the
House of Representatives armed men, and
has collected large number of armed men
who are now encamped In the Capitol
square to prevent these plaintiffs from
meeting and discharging their duties as
representatives of the people, and is
threatening by force and violence. and said
unlawful methods, to continue in the flu
ture to prevent them from assembling and
discharging their duties as such repre-
SentativeS.
"PEACEABLY ENGAGED"
THE plaintiffs state that the aforesaid
unlawful acts by the said Taylor are
against the will Of the said House and the
members thereof, that the two houses had
not disagreed in respect to the time of adj
journment nor had they disagreed in refer
ence. to adjournment at all, but at the time
of the aforesaid unlawful and violent in
reference they were peaceably engaged in
the discharge of their duties as senators
and representatives of the commonwealth
of the State of Kentucky. The plaintiffs
then quote the provision of the Constitu-
ton Of the State of Kentucky, which, Gov.
Taylor claims, gave him the power to ad-
journ the Legislature. The petition is:
1.-The plaintiffs now state that they had
not in any manner disagreed as to the ad-
journment of either house. nor had they
in any respect been guilty OF any derelic-
ton of duty, nor had they failed or re-
fused to faithfully perform the duties per-
tanning to the General Assembly and their
respective offices. But, they say, notwith-
standing said fact, the defendants are now
threatened by a force OF arms and other
violent methods, to force the Legislature,
as aforesaid, to meet at London, In Laurel
county. Kentucky. and still refuse and
threaten to prevent a meeting of the Gen
eral Assembly in their respective chambers
at the State Capitol or anywhere in the
city of Frankfort, the seat of government
of this commonwealth, and until enJoined
and restrained by the orders of this honor
able court they will prevent the meetings
of the General Assembly at the place desig-
mated by the Constitution and by the laws
of this commonwealth, and will force them
to meet at London, in Laurel county, as
before stated.
''They further state that said Laurel
county is in a lawleSS portion of the State,
without any sufficient police force or civil
authority to protect the members of the
General Assembly in the discharge of their
official duties, and in section of the
State where many lawless disturbances
and factional fights have heretofore &C.
Cured, often resulting in the adjournment
of the courts of the State, making it fire.
quently necessary for the state militia to
be called out to protect the courts in the
discharge of their official duties And not
wi.hstanding troops have been repeatedly
called TO said section. and they operated in
conjunction with the civil authorities. they
have been totally unable to suppress the
fights, and lawlessness, and factional strife
in said sections, and the same is now COM
pletely terroriZed and dominated by law
less bands of men engaged in feuds and
other violations of the law.
1.-THE plaintiffs further aver that they
have repeatedly, to-wit: On the 31st day
of January, 1900, and on the 1st day of
February, 1900, and on other occasions
made an effort TO enter the hall of the
House of Representatives and the Senate
chamber, at regular hours, for transacting
their business, and have been met with a
large military force, acting under the order
of the defendant, w. s. Taylor, and his
adjutant general, and prohibited from en-
tering into either house. for the purpose of
discharging their duty.
SOLDIERS AGAIN IN THEIR WAY.
They further state that with view OF
transacting the public business so neces-
sary to the public interest and welfare of
this commonwealth, they then adjourned
from the State building, where they had
heretofore assembled. to the city hall in
Frankfort, and when assembling there, in
the discharge of their duty, they were
again met by soldiers and prevented from
entering the city hall. They then attempt
ed to assemble at the courthouse in said
city, and were again met by the military
under the control of the defendant and the
adjutant general, and forbidden TO enter
that building for any purpose whatever.
ment had not become dangerous from an
enemy, or from any contagion, nor had IL
become dangerous from any cause what
ever, save and except from the lawlessnesS
engendered and brought about by the de-
PENDANTS own unlawful and wrongful acts,
and but for the said unlawful and wrong
full acts of the defendant perfect peace and