The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-02-16
GOVERNOR TAYLOR APPEALS TO THE
STATE COURTS.
A SUIT FOR AN INJUNCTION
Against Governor Beckham and Adju-
tant General Castleman TO Prevent
Their Exercising the Duties OF Their
Offices Federal Judge Taft Decides
His Court Has No Jurisdiction-Pro-
ceedings of the Democratic Legisla-
ture-Beckham's suit.

Louisville, Ky, February 14.-Suit
was filed in the circuit court today by
counsel for Governor Taylor. seeking
to restrain j. c. W. Beckham from
acting as governor and General John
3. Castleman from atte ting 10 dis
charge the duties of adj tant general.
Summonses were served on the defend
ants this afternoon. The suit will be
allotted to one of the circuit judges by
drawing. This drawing may not be
held for several days. When il is held,
an application for a restraining order
will be made. The suit is brought by
Governor Taylor for himself individu-
ally and as governor of Kentucky. The
petition asserts that Governor Taylor
was elected to that office November
Z, 1899 and received from the state
board of election commissioners GER
tificate of his election and qualified as
governor.
The petition continues: Since the
time of his said qualification to the
present time, the plaintiff has continu-
ously been and is now performing the
functions of the office and is recogniz-
ed as governor by the other state Off
GERS.
But plaintiff says that the defend
ant, j. G. w. Beckham, is now and
for sometime has been claiming and
pretending to be the governor and TO
have the right to perform the functions
of said office, claiming that on the
aforesaid November z, 1890 William
Goebel was elected governor of the
siad state and that he, the said Beck
ham, was then elected lieutenant gov
ernor, and that by reason of the subse
quent death of said Goebel, he, the said
Beckham has become invested with the
powers of &c ernOr of said state. And
he is now and for some time has been
pretending to exercise the powers and
performing the functions of the office
of governor aforesaid. He has been
pretending to send message as such
governor to the general assembly of
Kentucky and has pretended to appoint
the defendant, John 3. Castleman, as
adjutant general of Kentucky and to
vest him with power and control over
the military of said state, and the said
defendant Castleman is now claiming
and pretending to be such adjutant
general of the state.
Wherefore, plaintiff prays for an in
junction against the defendant, J. c.
w. Beckham, enjoining 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 Kentucky and
against the said John B. Castleman
from performing, or attempting to per-
form, maintain the right to perform
any of the functions of the office of
the adjutant general of Kentucky, and
an injunction against each of the de-
PENDANTS from interfering in anyway
with the performance by this plain
tiff of the duties or the functions of
the office of governor aforesaid
NO FEDERAL JURISDICTION.
Cincinnati February 14.-Holding
that the federal courts had no jurisdic-
tion in the contests in Kentucky, Judge
Taft this afternoon refused to grant
the application for injunctions against
the Kentucky state board of elections
and the democratic contestants for
state offices, other than governor and
lieutenant governor.
DEMOCRATIC LEGISLATURE.
Louisville, KY, February, 1.-THE
senate met today without a quorum
and adjourned until tomorrow. In the
house a senate resolution calling upon
Governor Taylor to withdraw the mill
tia from the capitol and surrender the
executive offices to Governor Beckham
was adopted after some debate, the
feature of which was a speech by Rep
resentative Emmett Orr, taking ex-
ception 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.
BECKHAM'S SUIT AGAINST TAY-
LOR.
Frankfort, Ky February 1.-THE
suit of Beckham VS.. Taylor, for the
| possession of the offiece of governor
was filed today in the circuit court at
Frankfort and will be heard at George
| town Friday. Up to a late hour the
| sheriff had not succeeded in serving
notice on Governor Taylor and all Wis
| itors to his office or house had to run
a gauntlet of guards.
Governor Taylor tonight sent the
visiting delegation of democratic mem
bers notice, that though the ropes
would not be removed Legislators
| would not be molested.