The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-09-09
Judge Wolfe Renders Opin-
ion IN the Kehoe-Mays
Contest Case.
KEHOE'S PETITION IS
DENIED, HOWEVER
In Denying the Writ the
Court Stated That it Was
Because An Order by a
Court of Equal Jurisdiction
Had Already Been Issued.

The KehOe-Mays congressional con.
| test was given another airing yester-
day, when Judge Wolfe rendered
decision in the case upon an appli-
cation by ThOs. F. West. attorney for
Mr. KehUe. TO restrain The congress
SiOnal committee from meeting and
Ts-canFassing he vote of the June
primary. as ordered by Judge Malone.
While Judge Wolfe denied lue writ
of mandamus be gave as his opinion
that the courts had no jurisdiction
to review the decision of proper CON-
mittees.
The application for the writ was
MADE yesterday morning. as the COM
mittee is called 10 meet in Tallshas-
see tomorrow upon Judge MalOne's
order, and was upon The ground thai
Judge Malone had 40 jurisdiction 20
make the order. that the congress
siOnal committee is LODGED with power
to determine the Democratic nomi-
ne and that J. Walter KehOe had al
ready been so declared.
Judge Carter. for some members
of the committee. commended that the
courts did have Jurisdiction. and
even should such not be the case
that the court of Judge Wolfe being
one of coordinate jurisdiction could
not, by writ OF Injunction. suspend
sued by Judge Malone. even though
such action was without jurisdiction.
Judge Wolfe's Decision.
After hearing the arguments of the
counsel Judge Wolfe rendered his
decision DENYING the writ, but IN so
doing, said in part:
If this We're a case of first inn
preston in this court. that is, if no
other court of equal dignity had al
ready considered the situation and
taken action, / am clearly of the opin-
ion that Mr.. KehOe. the petitioner.
would have rights. by reason of the
possession of the certificate already
issued TO him. by the committee,
which this court or some other court
should protect
4 had considerable connection
with the shaping Of the primary cleo
ton laws of Florida and the rules
and regulations under which the first,
and subsequent general democratic
primaries have been held in this
state, and / am clear in my belle
that it was the intention of the fran
ers of both the laws and the rules
and regulations of the committee, to
allow the UIlest opportunity for con
testing and correcting fraud in the
primary elections after such fraud.
if any, was discovered by the candI-
dates Interested, and 7 cannot agree
with Judge Carriers contention that
il was the intention of the Law to
make of the congressional commit
tee mere tabUlating machine to
add mp the figures already arrived At
by the several county committees.
and while ! have not fully invests.
gated the law bearing on the sub
Ject, l am Of the opinion that the de
cision of the proper committee on a
proper contest was intended BY the
statute TO be final and not subject
to review by the courts.
Members in CONTEMPT.
The case presents itself here how
ever, not as a case OF first impress
sion. but a a case which In its es-
5ential details. has already been COZ
5idered and passed upon by a court
Of equal dignity with this court. and
the process Of this court is invoked
10 stay the process Of another cOurt
Of equal dignity. Necessarily. the
first effect Of the issuance Of a writ
IF Injunction by this court STAYING
he operation Of the peremDtOTv writ
Of maEjamus issued by Judge Ma
one, would be 10 bring every mem
Der Of the congressional committee
n contempt Of one or the other court.
+ all Of the members obeyed the in
junction then all would be in con
empt OF Judge MaIOue'z court and