The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-12

ICENDAR . - =. $500 49, A''.'
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The Mayoralty-The Case TO be De-
cidsd by the Virginia Court of APP
peals.
The following correspondence. between
MIR. CuAHooN and Mr.. ELLYsoS will inform
the reader that they have agreed, II chiei
Justice CHASE viii consent, to submit TO inc
Supreme Court Of Appeals of Virginia the
question of the constitutionallty Oh tne
enabling act, and that the one or the other
is to be the temporary Mayor OF
Richmond, depending upon the deer
sion of that high court upon THIS
question. We believe that Mr.. CHASE
would have decided the contested case De
fore him in favor Of ELLYsoN ana II
would doubtless have been well, II stronger
considerations had not overborne, to have
had UNDERWOOD rebukcd and the rights
Of the city and State vindicated by q
Federal nudge but under the circumstances
o. thcy actually exist we do not see how
Mr.. EllYsoS could have done better than
he has in agreeing to submit the real ques-
,,on Of issue to the decision Of the tribunal
which the Constitution itself points out as
the one which shall pass upon all such
cucstions. For it is not Richmond alone
that is concerned, but the whole State; and,
therefore. az MIR. CHASE's decision would
probably have been that the Federal courts
had no jurisdiction, the question OF the
cons,itutionality of the enabling act would
still have been left open, and would have
been taken to the Court Of Appcals-thus
making it late in May before final
decision would have been reached. II
that act is unconstitutional, Mr.. ELLYsoN
wishes to be informed of the fact by the
only court which, under the Constitution, can
pronounce it so. If it is constitutional, he
wishes his conduct hitherto to be yindi-
Gated by the judgment of the same tribu-
nal. But above oil other considerations
il his earnest desire to promote first the
peace and the consequent prosperity OF
Richmond, and, secondly, the quietude OF
the whole State. AS ne Jocks at the mat
ter, he has simply performed bounden
duty in entering into the agreement se'
forth in the following correspondence
RICHMOND, Va, April 18th, 1870.
H. h. EHyson, Esq:
Sir,-Without going into the merits o.
our municipal difficulty, it must be appa
rent to every one having m interest i,
Richmond that the city is being greatly in
jured by the present anomalous condition
of things; and while | am thoroughly sat
isGcd that justice and right sustain N!
in the ae course nave that the
a asss $1,000, Ssses Cached, will vindi-
cute the correctness of that opinion,
still the Gaze has just been postponed, ana
NAV be again. In the mean time the city
is the sufferer both in reputation ana money.
I ain unwilling that any private interest or
ambition of mine shall be maintained at
the expense of Richmond; and to the emu
that good feeling may be restored, anu the
unnecessary drain upon our city treasury
be stopped, and that injunctions may be
dismissed which act to stop the pay OF our
police, the teachers of our public schools,
the laborcrs upon our streets, in the gas
and water departments, &C., from the best
of motives, and in the hope that you Will
feel no delicacy in its acceptance,
respectfully submit the following propo-
sition:
We shall both at once cease to exercise
the duties of Mayor. and leave the Recorder
or Senior Alderman to act as though there
were vacancy in the Mayors office. The
police force to be recognized as constituted
ON the 10th of March; the men since up,
pointed by either of us to be paid as special
policemen up to the date of this agreement
and discharged. This proposition is to be
construed as not in any manner affecting our
case before the courts, nor to be binding alter
q judicial settlement is effected, its whole
intention being to save the city from
large and useless expenditure of money
and to secure payment to large number
of worthy persons who are wholly depen-
dent upon their daily labor for a sup
port. .. eve,
II you consider this proposition illiberal
in any respect, please state your obJec-
tons candidly, with a view that some
agreement may be speedily affected.
Very respectfully,
Your obcdicnt servant,
GEORGE CHAH0ON.