OCR Text |
Show The Injunction Still Continues. Cincinnati, Oct. 26. Judge Buchwalter's little court-room was crowded to its utmost capacity this morning by attorneys, candidates candi-dates and others interested in the result of the legal proceedings before him in connection connec-tion with the delivery of the certificates of election to the four candidates for Senator from Hamilton county. The matter had been argued and submitted to him on a demurrer, de-murrer, and on motion to dissolve the re-tsraining re-tsraining order heretofore issued by him in favor of the four Republican candidates on their petition. He rendered his decision at considerable length, holding as to the demurrer. de-murrer. , i First;- There was a misjoinder of parties, that the four candidates could sue together or separately w , - ..-... . i' Second, The court had no jurisdiction to declare who should hold office1, for that was clearly the province of the. Legislature upon a contest, but to declare who was entitled to .the certificate,, for that Was a personal right " separate from the title to the office. He also held that it was not necessary in order to obtain ' aid of the court to prevent irreparable injury to do more than make out a prima facie case. While in this case averments of fact in the petition were insufficient, yet the plaintiffs were entitled to amend in that particular . if found necessary, and in any case they were entitled to an order or-der to stay the hand of the clerk until the merits of the case could be determined in another court. The injunction was therefore there-fore continued in force, and the mandamus case, involving the same points, was taken up by the Circuit Court. |