The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-04-23

so that the causes on next motion
day may be heard, If the convenience
of the court will permit
Attorney General May it please
your honors, upon looking into the
bill carefully / have come to the con-
clusion that it is my duty to appe ar in
the case in my official capacity. ~ is
d duty which I would not seek, but it
is one / cannot avoid, and ION exam
lining the bill 1 have made up my
mind that the proper course for me to
take, in the first place, is to move for
thiscourt to dismiss the bill of the State
of Georgia, and also that OF the State
of Mississippi, on tho ground of the
want of jurisdiction in this court !
advised the Government, this morn
ing, that | would make such motion.
Indeed / have handed them a notice
Of it, and the only matter to be ar
ranged is the time at which the court
will hear it, In'the notice of the mo-
ton have designated Friday week as
a day on which VIII be ready to take
up the motion. / understood from
the opposite counsel that that day will
suit them. a4a- ,t
Mr.. Walker-Do you make a motion
in both cases. Ag}a 1&H
Attorney General-In both cases;
it is the same motion. The case of the
State of Georgia is first, however
Mr.. O'Connor-These motions are
of character that involve essentially
the same question, and can very con-
veniently, suppose. be heard together
in any order that the court may direct,
and any order will be agreeable to me
and to my associates. The time desig-
mated by the Attorney General is the
same as we designated. If the sug-
gestion which he has made be agreea-
BILE to the court, we may be under
stood, if that is Of any Importance, as
agreeing to it. i's 'lHtaHtfs
Attorney General only purpose,
and l think that will be quite enough
at one time, to discuss the question of
Jurisdiction. "A motion to dismiss the
bill in effect will bring up the whole
case. s-4 ~ t@s
Chief Justice-The motion for an in
junction could not be heard unless the
Attorney General appeared and waived
regular notice. A motion to dismiss
can be heard at any time Each mo-
ton involves the other The court
will comply with the suggestion made
by the counsel, and fix hearing of
the motion to discuss the bill for Fri
day week, the 26th inst. We will make
that order.
Mr. O'Connor--I beg leave to say
that we entirely agree with the view
taken that either of these motions ne
cessarily involves the same matter, but
presume our motion for an injunc
ton may go upon the calendar
Chief misunderstanding X
Mr. O'Connor-We must show the
court that we are aware it is necessary
to give notice. .7rsa
Attorney General may waive it.
Mr.. OConnor--I am conversant
with that, and we will of course con-
form to the rules of practice and the
direction of the court.
Walker--I understand if the court
please, the Attorney General is willing
to hear these two cases together, as
they involve the same question. We
would enter the same motion for an
injunction that is entered in the other
case, with the consent of the court.
Chief JUSTICE Certainly the motion
may be entered if it is understood that
the two cases are to beheard together.
The court will consider them as one
case, and hear the two counsel on each
side of the motion.
O'Conner-I confess somewhat of
regret at such determination as that
but one counsel can be heard for the
State of Georgia, 1t had been hoped
that two might be heard.
Chief Justice-The court have con-
sidered that matter, and thinks that
but single question is involved, the
ordinary rule must be enforced.
O'Connor-Its so happens, if the court
please, these cases are entirely differ
ent. The court has had sufficient evil
dence in its proceedings and upon
record, that the cases are separate
and conducted by different counsel
and with a different policy as to the
view taken Of law. However we sub
NIT of course to the determination Of
the court. Hf0 4 Ft'S" }t"