The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-02-02

" 4A4CCL III LONDON, Laurel Guilty. 49,
lucky, on the 9Th of February, 1900,
place remote from the seat OF gov
eminent, the said London being smalI
village situated in a sparSely populated
part of the state with no buildings or
rooms or houses sufficient to accommo-
date the general assembly OF the COM
nlonwealth of Kentucky in which to
perform their legal duties. That ne
has stationed about the capltol building;
in the senate chamber and IN the nan
of the house of representatives, armed
men, and has collected large number
of armed men, who are now IN the cap
itol square to prevent these plalntlfIS
from meeting and diScharg1ng their du-
ties as representatives of the people
and is threatening by force and violence
and said unlawful methods to continue
in the future to prevent them from as
sembling 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 that the two houses
had not disagreed in respect to the time
of adjournment, nor had they disagreed
in reference to adjournment at all, but
at the time of the aforesaid unlawful
and violent interference they were
peaceably engaged in the discharge OF
their duties as senators and srepreSen-
tatives CT the commonwealth OF the
state of Kentucky.
Inc pla1nllIS Cnen quote the pIONAo-
ion of the constitution of the state of
kentucky which Governor Taylor
claims gave him the power to adjourn
the legislature.
The petition then continues: The
plaintiffs now state that they had not
in any manner disagreed as to the ad-
jOurnement of either house, nor had
they in any respect been guilty OF any
dereliction OF duty, nor had they failed
or refused to faithfully perform the du-
ties pertaining to the general assembly
and their respective officers But they
say Notwithstanding said facts the de-
PENDANT is threatening by force OF arms
and other violent methods to force the
legislature to meet as aforesaid at Lon
don in Laurel county, kentucky, anu
still refuses and threatens to prevent
meeting of the general assembly IN
their respective cham berS at the state
capitol or anywhere in the city or
Frankfort, the seat of government Of
this commonwealth and unless enJolned
and restrained by the orders OF this
hOnOrab BILE court, will prevent the meet
ings of the general assembly at the
place designated by the constitution
and 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 mem
bers of the general assembly in the dis
charge of their official duty and in a
section of the state where many law
less disturbances and factional fights
have heretofore occurred, often result
ing in the adjOurnement of the courts OF
the state, making it frequently neces-
Sary for the state militia to be called
out to protect the courts IN the dis
charge of their official duties and not
/ WithStanding troops have been repeat
| edIy called to said section and
they operated in conjunction with the
civil authorities, they have been total
| 1y unable to suppress the fights and
/ 1aWleSSness and fractional strife in said
/ sections, and the same is now complete
/ " terrorized and dominated by lawless
| bands of men engaged in feuds and 9TH
er violations of the law.
| The plaintiffs further aver that de-
nying the right of the defendants to
make the adjournment of the general
/ assembly WITHOUT their consent, they
| the plaintiffs have repeatedly, towit: on
the 31St day of January, 1900, and on
1 the 1st day of February 1900, and on
other occasions, made an effort to en-
ter the hall of the house of representa-
tives and the senate chamber at regular
| hours, for tranSactlng their business
and have been met with large military
force, acting under the order of the de-
PENDANT, w. S. Taylor, and his adjutani
general and prohibited from entering
| into either house for the purpose OF dis
| charging their duty. They further state
that, that with a view of transactine
T the public business, so necessary to tht
| puD1lc interests ana welfare OIL ILLS
| commonwealth they then adjourned
from the state building where they had
| heretofore assembled to the city hall, III
Frankfort, and when assembling there
ii the discharge of their duty, they were
again met by soldiers and prevented
| from entering the city hall.
They then attempted to assemble al
| the court house in said city and were
again met by the military under the
| control of the defendant and the ad
| Il Ian 70 Tor
| that building for any purpose whatever
| They further say that the seat of gov
eminent had not become dangerou:
| from an enemy, or from any contagion
| nor had it become dangerous from any
cause whatever save and except from
| the lawlessness engendered and brOugh
| about by the defendants own unlawful
acts and but for the said unlawful anC
wrongful acts of the defendant, perfec
peace and quiet would now reign and
prevail at Frankfort, the seat of gov
eminent of this commonwealth. Blu
they say that even if these allegation:
in reference to the danger at the sea
of the government were not true tina
still these plaintiffs have not disagreed
and the two houses of the general as
Sembly have not disagreed with refer
ence to the time of adjournment, or al
to the place of meeting of the genera
assembly. They further say that it il
given out in speeches by those in mill
tary command under the said Taylor
that no meeting of the general assem-
bly, at any place within the state o
Kentucky shall be held for the purpos
of discharging their legislative duties
except at London, Laurel county, Ken
lucky. That the regular session of tn
| legislature began on the first Tuesda.
after the first Monday in January, 1906
and under the laws and constitution 0
the state ends within sixty ju
dicial days, and such has been the ex
ercise of this unwarranted and tyranni
cal power on the part of the defendant
that it is impossible for these plaintiffs
or any of them, to discharge their off
cial duties. They further say that tn
defendants are threatening to continu
their aforesaid unlawful acts and t
prevent the assembling of the legisla
ture of Kentucky for the transaction 0
public business and unless they are re
strained and enioined by this honorabI
l court, they will prevent the assembling
) of the legislature and the transaction
of the public business for the common