The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-09-11
Remains at Home With AL
Documents of Committee
in His Possession.
JUDGE J. E. WOLFE
GRANTS INJUNCTION
This Restraints the Commit
tee From Canvassing Any
Data, Other Than the
Original Papers, and From
Declaring Any Other Than
Kehoe the Nominee.

The Kehoe-Mays congressional con-
test was given still another airing in
the courts yesterday, when Hon. Thos-
r. West, acting for Mr.. kehOe, Pc
titioned Judge J. Emmett Wolfe for an
order restraining the congressional
committee. which had been ordered
to convene by Judge Malone, from
canvassing any other than the original
returns and papers, and frem declar-
ing any other party Than Mr.. Kehoe
the democratic nominee. This appIi-
cation was filed early in the fore
noon, granted by Judge Wolfe, anu
wired to the sheriff of Leon county
TO be served upon the committee
men.
D1Alemberte at Home.
Chairman D'AiembeTte, Of the coai-
mittee. in the meantime announced
his intention of remaining at home
and not obeying the order of Judge
Malone to assemble at Tallahassee.
Furthermore the chairman has in his
possession all of the original docu-
ments AMI returns, which the court
had ordered the committee 10 can
vass, and without them the commit
tee would be poweTless to carry out
the order of the court.
For this reason attorneys for Mr.
Kehoe petitiOned for the order re-
the committee from canvass
ing any duplicates, or any other than
the original returns. As this does
not conflict with the order Of Judge
Malone it was granted by Judge
Wolfe.
Another feature OF the injunction
issued yesterday is that 1t restraints
the committee from declaring anyone
but Mr. Kehoe the nominee, and from
a any certificate IF uOQ8iua-
ton heretofore made. Judge MalORe's
order did not cover these points,
being solely for the committee TO
meet and canvass
Has No Authority.
Chairman D'Alemberte, when seen
by a Journal representative yester-
day afternoon, and asked the reason
why he did not attend the meeting,
stated that il was for the reason that
he did not believe the court had any
jurisdiction in the premises, and fur
thermOre as he had acted in good
faith in making the canvass ne did
not care 10 attend the meeting and
be compeIled to do the opposite of
what he thought right and just.
Il do not believe that Judge Ma
lone has any jurisdiction over the
congressional committee said Mr..
D'AIemberte. ''and consequently after
thinking over the matter since the
order was issued | decided last night
that I would remain at home / have
in my possession the papers which
were before the congressional COM
mittee when 1t declared the nominee.
and if a canvass is made 1t VIII not
be with the original papers"
1t is probable that Judge Malone
will issue a writ Of attachment for
Mr.. D'AIemberte, charging him with
contempt of court by not Obeying the
order.
Judge Wolfe's Decision.
The petition which Judge Wolfe
granted yesterday morning restraining
the committee. is as follows.
Judge Emmett Wolfe:
In Circuit Court. Santa Rosa County,
State OF Florida.
J. Walter Kehoe, Complainant, VS. }.
F Poore, George W. Ward. J. VI.
Miller, J. R Wells. Milton PledgeT.
c. d. Clark. Tom Shuler, s. VI.
Bates. J. W Henderson, r. b.
Bailey and Black Ashley, as com
prising the Democratic COngrcssiOl-
a Executive or Standing Commit
tee OF the Third Compression Dis
trict of Florida. Respondents
This cause coming on 10 be heard
(Contlnued on Page Eight)