The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-25

under a law OF Congress, but tho court
r,,IoI tim, the Constitution and laws Of the
stote sunerseded the laws OF congress-
rb;ch onIy operated while tho State was q
,o-r;torv This is the same cnse as thht Oh
Ar Cbshoon. who claims his Office undor
lova If Conr1 ess which have been super,
soJad nv the Constitution of Virginia ana
90 No longer lucrative. The court ap,
pealed to by the priests was sn5 that i
States Supreme Court, and decioeu oa 'nus >.
had no jurisdiction-that the cons ,e %
sional law was superseded by the ia"s u
Nov ! have endca yored to show that mT.
Chahoon has no claim to be an oi'icsr ,'e
;Urc. He admits that Mr.. Ellyson, Is tue
officer de facto. If he claims under the
Stote law. he is wiped out. If he claims
nnder the reconstruction acts, they nave
nosaed away and are imperative, as has
been settled by the Supreme Court OF the
T-n;tad States. The authority Is fair ana
sn,,ore and thank God that it ia the an,
,boritv Of the Supreme Court OF the unlten
states. for that is where we have 10 20
hereafter. That is where great powers
If tho Government reside. | have shown
Tint Willie we are Mayor de JGcto
he is no Mayor OF oil. lie mas
never been more than mere tcc@",
feuens. He has never been constitutional
officer. and has only been nm othcer
in fact. He cannot as an officer DE Jac'o
defend himself against suits, nor collect
fees, nor do anything else, save at his
neril He read from Blackwood on Tax
TITLES, D. 95, to show that the officer re
fnct0 has no immunities whatever from the
fact of his being m officer, and has no
standing in court. He cannot sue another
de facto officer unless he establishes to the
satisfaction of the court that he h'mSc!t ls
of right the officer.
The opposing counsel claimed yesterday
that the enabling act vas constitutional
only so far as it retained Mr.. Chahoon, and
unconstitutional where it operated to re-
move him.. He read the enabling act. 1t
prescribes that only such persons now IN
Office who are eligible under the laws OF
Virginia shall be continued in oihce tl,l
their SUCCESSORS are elected or appointed.
Now, Mr.. Chahoon sets forth the first thing
in his motion for injunction that he ls q
Federal officer. That settles the matter as
far as eligibility is concerned, Tor IN tue
Code of Virginia, page 100, it is set down
that no Office under the State law can be
held by any one who holds any ounce
civil or military, under the united S1ates
Government. We have proved here that ne
is IN officer of this court, appo!n1ea ny
YOUR Honor to the place OF Untcd ctates
commissioner. So there is no benefit Tor
Mr.. Chahoon under the enabling act, 1or
The very fact that he holds tnl'ca
etotcs Office rGcntcS his Office us
Nayor of Richmond. He was even
by General Canby's order only continued
in office until his successor was elected or
anpointed and bad duly qualified. This
has been done. His successor has oeen
elected and has qualified, has assumed the
duties of the Office and is at this moment
exercising its powers. / have shown that
Chahoou has no title and that puts It out OF
the power Of Tie court to give MIN rclieL;
If he hos no title, he cannot have re'ie.. l
now propose to show that we have rl9ht
n this Office, and are now de ,tdcto and de
jure Mayor. ! understood your Honor 70
say Yesterday that if this was IN ciec'l'e
office the Legislature could not provide 1of
filing it by appointment.
Ju1re UyDERwooD : | say that II 1t Is an
elective Office, and is properly filed, the
LEGISLATURE cannot make vacancy to GO
filled by appointment. The Constitution
n~ov;IeS tla, if il is vacant il may then uc
filled. ,,,r :
Judge MEREDITH: Yes, sir. Well, /
have shown that it is vacant. II Is vacant
under the Constitution. 1t Is vacant unacf
the reconstruction acts by their expiration,
and il is vacant under the enabling act.
Mr.. Meredith read from the new L0nslltu-
ton article 5, section -, prescribing that
the LEGISLATURE may declare an Office va
cant. and nav prescribe By law the mole Of
filing it. This is set down plainly.
Jndre UNDERWOOD Do you mean to say
the Legislature may create a vacancy!
Judge MEREDITH No, sir; no, sir l
claim that the Legislature Is gwen the
power to say where vacancy exists. In
10th Towards Reports, page 81, the United
States court declined to interfere in law
of Mississippi appealed from as unc9n-
stitutional-.he CONT taking ground 'i'a'
Federal courts had no authority over S'ate
laws operating on the citizens OF that stare
even when they were l'nconstllNtlonal..
Mr.. Chahoon AYERS that he IL Il cltIIen OF
this State, and Mr.. Ellysoa is also. Where
is there any jurisdiction for Federal
court in this case between two citizens
The oppos;te counsel declare that the laW
under which Ellyson has been elected Is
unconstitutional, but you see 1t Is 4
law of the State, and must be tested
in the State courts. The case la stripped
of every extrancous matter, the bare TACT
stands out that it is simple contest Tor
the Office of Mayor between two citzcn5 OF
the same CITY, over which this court has
not shadow Of jurisdiction. But II 1t
had, it could only lie common Law Jtulsdlc-
ton. and must be tried by quo 'ra'fahto,
and cannot be brought in and tried on Il
motion for injunction. In court Of
chancerv, when a case comes III, ana the
fudge, looking at the record, finds thut the
remedy is complete in common law, the
case Is Tut out of court-tlrned over TO the
common Law.
Judge CyDERwooD The remedy must
be complete, though.
Judge MEREDITH: Yes, sir. In Bright
ley's Digest. p. 256, it is enacted that a
Federal chanccry court cannot take cosnl-
zancc of q case in equity which may be
disposcd of 1T common law. have shown
that Chahoon's remedy lies as common law,
and not in equity. Ii your Honor were
to decide the enabling act unconstitutional
YOU couldn't put Chahoon into the otlce
could you' II you attempt TO administer
the State laws you must administer them
az YOU find them. And the laws OF this
State declare. Chahoon Ineligible. You
wouldn't put an ineligible man into oice
| would your You wouldn't put an officer
of your court, holding commission
| from your hand, into an office to which
under Constitution framed by conTen'
ton over which your Honor presided, he i