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

ETC, ETC.
The United States District Court was
,cain crowded yesterday morning 10 hear
he Injunction case, about three tourths OF
the crowd being blacks, who had come early
to secure the best seats. There was full
representation Of the city bar, ana several
,oiorcd members Of the Legislature inside
he railing.
Judge UNDERWOOD took his seat at ~
p'clock, and the injunction case was COM
menced.
Judge MEREDITH said he should not fol-
low the example Of the counsel yesterday,
who had referred to matters outside OF
this case. He had told us that bludgeons,
and shot. and shell, were used in the
streets, and that death ensucd. He also
said somebody was responsible for this
lcath. Whoever may be responsible,
Henry X. Ellyson is not. He is the Mayor
If this city, legally elected and duly
qualified according to law, and is in
he discharge of his duties as Major
under a law of the State, and your
Honor we'll knows that until that law
Is repealed or declared unconstitutional
Il is to be oheyed. Our answer to Mr..
'hahoon's motion ia that II. X. Ellyson is
he Mayor under law passed by the LeSis-
Iature and approved by the Governor. An
important thing, too, is the fact that
Ehahoon, in his bill, confesses that
Ellyson is Mayor dc ,facto; and Chahoon
2lalms that hc (Chahoon) is the rightful
Mayor. This fact the complainant has to
prove, and your Honor is here To try that
questionable naked, legal question Of the
title to the office of Mayor. Before deciding
on that question | want your Honor to ask
yourself the question, Have you iurisdic-
ton in the matter Has the United States
court jurisdiction in the trial Of the right
! Of title between two Mayors? Now, where
is this jurisdiction derived from From
| citizenship or the subject matter. Will
admit that your Honor has jurisdiction On
one ground-that Of citizenship-if the
! complainant was citizen of another State,
| but both of these parties are citizens of
| Richmond.
| The other proposition is that George
| Chahoon is Federal officer: and is 80 by
virtue Of military appointment as Mayor.
| We deny that he il Il United States officer
| from that TACT. 1t il the shallowest pre-
| ,ence ever set up. Where is there any such
| office as Mayor among United States Offices
lie qualified as Mayor OF the city Of Rich
mou1, and took all the oaths prescribed by
the Virginia laws. How did he qualify as
q Federal officer? Who cculd remove him
The reconstruction acts have expired, and
their officers in the State expired with
Them. Chahoon WIS responsible to General
Candy, and now that Generals authority
has expired, leaving Cbahoon, according to
the theory Of the opposition, responsible to
no human Icing. If he was guilty of NAL
leasance in office, who in the State could
remove him The State authorities, they
say, cannot do it; and now show us where
there is any Federal Law to do it. Where
is any Federal Law to punish Mayors who
DO not do their duty2 With this idea car
rlcd out, every constable in the State is
United States officer, and the United States
courts might be called in to settle all their
petty quarrels.
He read from the reconstruction act OF
March %, 1867, defining the power OF mill
tary commanders, showing that they could
appoint citizens to "perform the same du-
ties ;" of the civil officers who were re-
moved. 1t was only the duties Of that Office
that they were to perform-not Federal du-
ties. He was mere locna tenens, holding
the place and dischargiug the duties of it.
He was Federal appointee but not Fede-
raj officer, and was in no manner connected
with the Federal Administration.
Judge UNDERWOOD You mean to say
that appointment by Federal officer does
not make the appointee Il Federal officer.
Judge MEREDITH Exactly; that is my
position. -,
Judge UNDERWOOD: l agree with the
counsel in that.
Judge MEREDITH | myself held IN
office as locum tenenS for three years, and
did not know any morning whether was
in or out.
Ex-Governor Wise: Well, what were
you, thena Didn't you hold your Office as
O Federal officer?
Judge MEREDITH: held it by Federal
sufraaee, and could have been removed Of