The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-09-25
COURT ERRED
IN GRANTING IT
w. A. Blount Appeared For
Defendants and L. ].
Reeves Represented Plain
tiff-Only Two Persons
Cited to Appear Were
Present-Santa Rosa Pays
Costs.
Special to The Journal.

special 70 me JOuFbdiH
Milton. Fla. Sept 2i--Judgo J
Emmett Wolfe OF the First judicial
District of Florida. this afternoon
granted the motion of W. A BlOunt,
attorney for Judge Franklin Z. Carter.
ct ais. TO dissolve the injunction re-
stTaining George p Raney- Nlllam
Fl. Ellis, Thomas L. Clark, Black ASH
lev. z B. Bailey. J. W Henderson,
NJ Bates. S. NJ Bolton and Thomas
D. White. as members OF The IhlFd
Congressional District Democratic
Executive Committee from taking sec
Ondarv evidence of the returns in the
contest between J. ". KehOe and Dan
Mite II. Mays. candidates for congress
in this district
ONLY TWO PRESENT IN PERSON
The contempt cases against the
members Of the committee named and
against Judge Carter as counsel for
Mr. NAYS, for violation Of the inJunc-
ton, were called a.. 8 o'clock this
morning Only two of the persons
cited TO appear for contempt were in
attendance in person, those being
Judge Carter and Mr. White. A mum
Der of attorneys including counsel on
I both sides were present, as also were
/ Nat r. Walker, committeeman from
! Wakulla county, George W Ward, COM
mitteeman from Washington county,
and J. f. PoOTe. committeeman from
! Santa Rosa county. The court room
was filled to the doors with spectators
who were anxious TO hear the evidence
and arguments in the case
ARGUMENT BY w. A. BLOUNT.
! w A BIount. as counsel for Judge
| Carter. entered a motion to dissolve
| the Injunction. the motion being
based on the allegations that no no
tice was given defendants, and de-
/ NAL of the Jurisdiction of Judge
! WoIfe's court Mr. Blount took the
/ ground. in reply 10 a statement from
| Mr. Reeves of counsel for Mr. kehOe,
as to the issue to be determined, that
iahe question was primarily one or
jurisdiction. and that the court must
have the Jurisdiction of the persons of
respondents as well as of the subject
matter Of the controversy. Mr.. BloUnI
claimed that this circuit court had not
and could not have Jurisdiction over
court of coordinate jurisdiction ann
said that the injunction as issued by
Judge Wolfe had interfered with the
carrying Our of the writ of mandamus
issued against the committee by Judge
Malone of the second district
Judge Wolfe stated hat there was
no intention. on the part of the court,
at the time Of the issuance OF the in
junction TO interfere or NEEDLE with
the writ issued by Judge Malone and
| that IL any differences had arisen prob
ably Judge MalOne's construction mad
caused il.
Mr. BIOuut. continuing, held and
cited numerous authorities 10 sustain
his position that the Injunction could
only have been Tightfully issued in a
Leon county court. that being the
county in which the injury complained
Of was about 10 be committed He
further said that Judge VOTES OTdec
constituted a perpetual Injunction
since il could he dissolved only by .
turtle order of the court. and had
been issued out after an ex-parte hear
ing. Some fifty authorities were cited
by Mr.. BloUnt who went al some
length into the technical phases OF the
matter of jurisdiction.
| Coming TO the contempt charge
against Judge Garter. has counsel con-
tended that attorneys. IL honest IN
their convictions, when advising
clients 10 violate an order Of court,
could properly be excused from coil
tempt rule. but that their clients were
bv rules Of court held responsible for
any violations Il was also cOntended
by Judge REOunr that the question:
being a political one was wholly with
out standing in a court Of law
ARGUMENT BY JUDGE REEVES
AT the conclusion of argument for
the PsBondenrS. Judge l. J. Reeves
took 10 The case for the petitioners.
He said that the decisions cited ny
opposing counsel were based upon as
sumption. and that distinctions must
he drawn between what constituted a
political question and q civil right.
lest the court become confused. He
cOntended that Up to the time the
executive committee issued a certif-
cate of nomination 70 Mr. Kekoe, the
question Was a political one, and not
within the courts jurisdiction, but that
the issuance Of 4 certificate gave 10
MI Kehoe civil and vested right
which Judge MalOne's writ sought 10
take away. and then II was that the
case became one for the cogniZance of
court of law He said that Judge
Malone had directed the committee 70
do a certain thing BY an infiexikle
writ OF man3amus. which could not
afterwards be modified by the Judge
issuing it and which carried with IL