The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-09-09

No Inquiry to hehOe.
In addition TO that. there has been
yet. no irreparable injury TO AGr. Ke-
/ hoe, and will not be, even should the
| committee convene in accordance
| with the direction of Judge Malone =
| writ of mandamus, because he wiz
still have the right to take apprOpTi-
| ate action to restrain the secretary
Of state and other official bodies
charged with the duty Of certifying
| the name of the nominee from ceTti-
| fying the second name filed BY the
| committee. if that name be one other
| than his own
For these reasons, the prayer OF
| the petition is denied
Up to Supreme Court.
From reading the judges remarks
delivered in passing upon the injunc-
ton ii is very clear that the injUnc
ton was denied only because of the
fact that a mandamus had already
been issued and that it was the pro
vince of a superior court and not of
a court of coordinate jurisdiction to
correct this error.
The question now is whether the
committee Will meet and recanvass
the vote or whether, relying upon the
fact that the order. of Judge Malone
was void they will ignore it, and in
event of attachment for contempt re-
sort to habeaS corpus for relief.
In the event the committee does
meet and ceTtifieS that any person 9th
er than Mr.. Kehoe is the Jominee it is
probable that suits will be filed in
each Of the counties of the Third Con-
gres5ional district against the coun V
commissioners to compel them 10 put
the names of the nominees on the tick
ct. If this should be done any court
holding that the committee was the
vinal aTbiter as 10 who the nominee is
would probably compel the placing of
Mr. KehOe's name on the ticket and
enioining the placing of Mr.. Mays'S
name on the ticket. while Judge Ma
lone if he adheTes to tae decision Civ
en- in the mandamUs proceedings
would probably, in his jurisdiction,
require the placing of Mr. Nays
name on the ticket if appealed TO by
Mr. Mays.
Mr.. Kehoe Talks.
Mr.. KehOe was seen last night and
said that with the apparent conflict of
views existing between different cir
cult judges upon this point and there
being a part Of three circuits in this
district that he sincerely hopes that
Mr.. Mays and his counsel will join
with him, Mr.. Kehoe, and his counsel,
in getting a decision from the SUI
preme court upon this question before
the November election Mr.. KehOe
said that Immediately after Judge Ma
lone granted tie pTe-emptory writ of
mandamuS that writ of error was
sued out in the supreme court and
that the cause is pending there now;
that by advancing this case on the
docket that a decision can probable
be had in time to determine the queS-
ton before the November election.
He said: I will cheerfully abide the
decision Of the supreme court, and |
am confident that its decision when
rendered, will in effect declare me the
regular nominee. NV counsel and coun-
sci for those members of the commit
tee who resisted the writ Of manda-
mus will do everything in their power
TO facilitate an early decision at the
hands of the supreme court, and if
il is not decided by the supreme court
before the November election IL viii
not be my fault. In the meantime hav-
ing the certificate Of nomination as
the democratic nominee, feeling and
knowing that I have justly been de-
claTed so by the constituted author
ity of the party after q thorough can
vass of the returns which showed that
I had received a majority of the legal
vote cast on June 18th. I propose
within the democratic party and by
proper and legal means and methods
to resist at every step the effort TO
take away from me the nomination
to which I am entitled and which has
been certified to me by the commit
tee"