The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-25
any moment by the commander. The Lei
e,fafatnra nnitid no more ramnTn ma than

grant that ChahoOn 1s q tcderal oft1ccr.
That does not give this court Jurisdiction
in this cuse. There is no law giving United
States couts Jurisdiction merely because
one Of the parties is United States Of
fcer. And now, come to the subject
matter. The counsel yesterday spoke OF
the force bill, and your Honor properly in
fo' med him that the Jurisdiction under 1t
was criminal jurisdiction, to be used where
citizens we've resisting the United States
laws. Now, If Ellys is resisting the United
States laws he can be indicted, and your
Honor can try and punish him. But that IS
not the case. When it is we will appear 10
answer promptly. These gentlemen should
get on indictment if they wanted 1t, but
they want to act under q bill in chancery.
Judge Meredith read from Conkhng.s
Treatise, page l73, to show that circuit
courts of tho United States have jurlsdlc-
ton in common law and equity where the
United States is plaintiff, where
officer Of United States is suing by
act Of Congress, where an alien Is party,
where the parties are citizens OF dlferen.
States. where parties are suing on lana
grants and removals from State courts and
Under other circumstances, under no one OF
which can you locate jurisdiction IN this
cage, This is litigation for the title of
Mayor. and docs not contender any OF
those heads. Chief Justice Marshall (Conk-
ling. page $50 decides that matter ex-
nlicitlv. He says that courts created, and
whose Jurisdiction is defined by written law
cannot transcend that written law. Now,
where is the written law giving jurisdic-
ton in such case rs this
Judge UNpERw0oD The Chief Justice
of the United States has decided in this
court differently from that. He decided
Jurisdiction could be taken by implication.
Judge MEREDITH Yes but it was i'm
pljcation from granted power.
Judge UNDERWOOD Yes.
Judge MEREDITH There IS no impllca-
ton from granted power in this case. NOW,
I have shown that this court has no Jurls-
diction in this case. But let US concede
that your Honor has jurisdiction. If that
6 so have you equity jurisdiction to issue an
Injunction to stop riot on the street !
How would you proceed in equity How
long would you enjoin these parties For
ever? Would you pu: a perpetual inJunc-
ton on his being Mayor Of the city I
What power could relieve him Congress
is using it's power generously in relieving
disabilities, to its honor be it said, but
this case would be beyond its control. To
what day would you enjoin him? pro-
pose to show you that the Legislature
might order another election, and we would
have another candidate slipping in, and an
other riot, perhaps. Your injunction might
fall short. The idea of trying an action OF
ejectment under bill in chancery is ridicu-
lous, and can hardly be treated grayely.
In Blackwell on Tax Titles, p. 81, it IL
prescribed that n writ of quo W0rTant0 Is
the remedy where o person holds Office
without title, and is the only appropriate
mode of testing the right to IN Office.
Judge USnERwoop: You do not deny
that courts of equity can grant temporary
injunctipns
Judge MEREDITH Certainly not, your
Honor, where they have equity juris-
dction. But I deny that this court
has equity Jurisdiction. If you have
any in this case, you have common
law jurisdiction. lie cited State law to
show that n United States officer cannot
Of United States Office makes the civil
officer ineligible, and that quo 1r0TTanto is
tho proceeding for oustng him. MIR. Cha
hoon stands mere claiming to be Federal
officer, and that claim alone yacates his
Office. In ith Cowan p. l02, in trial Of
title 10 office, qnD ,rorTanto is given as the
mole in dispute for Office, and a note to
the decision gays that whore tho title
is even doubtful the writ may be issued By
the court. Mr.. WELLS yesterday quoted
81 Wallace, p. 23t, to show that q writ Of
q,io ,rarre?,tr could only 90 from the Govern
ment. and that if this court would only grant
a writ to George Chahoon it would come in
possession of the whole case. This IL not
50, for when the case comes into court it
can only he tried ut common law.
Judge UNDERWOOD: Have you n case
where the old incumbent proceeded by qao
,carrun'o against the new claimant?
Judge MEREDITH: 1t is immaterial-is
is only question of Il trial Of the right Of
tic claimants.
Mr.. Wise: | defy the gentleman TO pro-
luce o case where tie incumbent brought
a writ against the new claimant.
Mr.. Nelson: Why, that is assuming
your whole case.
Judge MEREDITH: The gentleman seems
to have forgotten his case. Mr.. Chahoon
complains here that Ellyson has assumed
the Office, and that he is exercising its pow
ers. Ii the assumption of the functions OF
an Office is not taking an Office, what is it
They acknowledge that we have assumed
the functions, and want to stop us in the
future.
Judge UNDERWOOD All prctenders dc
that, you know.
Judge MEREDITH: No, your Honor,
Usurpers may, but not pretendcrs. Pre-
tenders only assume the title. Mr.. Ellysor
has assumed the Office, and is exercising it,
powers and duties now, and We claim il
nov MAJOR in fact, has exercised TIKI
functions, and means 10 do go until your
Honor stops him. But let Us come back tt
our mutton.
Mr.. DANIEL: Beef
Judge MEREDlrH: In the writ of qlt
,rarro1to is brought in the name of thu
Government by the COM lainant, and Mr.
! Chahoon could have gotten one from tn,
United States Attorney by applying for i
and promising to pay the charges.
Judge UNDERWOOD: | would be glad i
any OF The counsel would show me a cas-
wheie the incumbent took out writ o
quo rQrrQnto against The claimant.
Judge NELSON: I promise to show you
Honor several before we are through.
judge MEREDITH: The gentleman yeg
tcrday quoted billiard on iniunctions
page -, to show that the court might in
terfere in equity. Those are decisions re-
latinc to State court. The Judge went
on to read a case OF an incumbent getting
q writ of quo ,rurranto against the claim
ant. The man in was insolvent, anG
wanted time to gather up fees ready to go
and the man out mad to lose time. This
brought an equitable consideration into the