The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-01

| and riot may ensue, espec1niiy IN .he
sent excited condition of the public mind
r. il to be hoped that cooler counsels mn,
nrevail, and the threatening rum ana JUS
aher to all our great moral anu materla
interests may be nverted. ,>--z.-r- ,---.,.
The constitutional provisions airead,
opoted as continuing the old officers, Il
snv nothing of the order of General Canhl
Of the 9th day of January last, clearly
n nv opinion, establish the fact that th'
omnlainant was not only de .tncto but d'
;ure Mayor of this city, and that he still
holds that Office. But if he were merely
de facto Mayor the course pursued by de-
PENDANT, Ellyson, to oust him was in viola.
Ition of all law, nil precedent, all right, and
deserves severe apprehension. In the Ian.
ruaec of the able opinion of Attorney Gene
ral Taylor dated the 10th day of March
instant Ga person commissioned to an
office may act as m officer de ,tacto until
removed by proceedings inaugurated for that
purpose. This authority cannot be ques-
toned except by writ quo orarranto or
| by other legal modes adopted for his re-
moval." The books are full of cases and
lauthorities in support of this doctrine.
But | am also of the opinion that the
complainant should and must be regarded
4 dc .tacto officer if no words Of continu-
ance had been inserted in either the sche-
dule or body of the Constitution, and /
quote from the same excellent opinion of
Attorney General Taylor in support Of this
position "To hold that we have no judges,
Justices sheriffs, or other constitutional off,
GERS in the State of Virginia, would be to
hold that we have been RENTED to state
of nature, with no means Of suppresslng
vice or controlling the lawless it would be
to encourage vice and to offer reward to
those who might wish, from evil incllna-
tons, to prey, like wild beasts, upon their
innocent victims" This authority, so
beautifully expressed, has most pertinent
application to this case.
In view of what has been already said
of de fucto power it is hardly necessary
to notice the position taken by the defend
ants that the complainant was disqualified
| from holding any State Office for the reason
that he held the office of Commissioner Of
the Circuit Court Of the United States. 1t
may be proper to quote article Sd, section
I'd of the new Constitution of Virginia in
opposition to the ancient law, which would
seem to settle the question. That section
is in the following words
| "All elections shall be by ballot, and all
persons entitled to vote shall be eligible to
anv office within the gift of the people. ex-
cent as restricted in this Constitution A
| majority of the convention that framed
the Constitution did not think that small
United States office, such as q country post
master or court commissioner, ought to de-
L - ar yn IN 1lt
| him from the duty, of serving his fellow
citizens in q State office when their interests
would be thereby promoted, and the views
of that majority are embraced III the lore
going second section.
| 1t was stated by cOunsclin argument
| that the General Assembly Of Virginia,
! already in session for nearly two months,
had not yet passed Il registration law, and.
considering that the election OF officers IS
| fixed b. the Constitution for the fourth
Thursday of May, that the said law might
| not be passed in season for the approach
inc election, and thus the appointees OF the
| Executive, under the enabling act, would
be kert in office for the Whole Of another
wear. The leading counsel for the defend
! ants. the Assistant District Attorney Of tie
| United States, in his closing argument
| greatly increased this apprehension By
predicting that it would require from three
| 10 six months to mature registration law:
| when. BIZ the aid Of the military rcgistra-
ton of the las! election. and bvSconsulting
| the numerous laws on the subject To be
| found in the several State Codes, an intcI.l-
| gent committee could prepare such law
| in less than twcnty-four hours. Bat l re-
| icct such suspicion as impossible and un-
worthy Of further notice, as it would IN
yolyc reflection upon the good faith Of our
General Assembly.
On the subject Of the jurisdiction Of the
court ] have only time now to say that the
length and breadth, the height and depth,
of equity jurisdiction, as exercised BY the
greatest judges in England, was so great as
to embrace almost all rights not clearly Sc
cured by the courts of law. The student OF
English jurisprudence will be filled with
wonder at the power of the English Cham
cellors, and with admiration Of the wisdom
and bcnefcence with whichthat power was
generally exercised. There was hardly =
fraud they did not expose, wrong they did
not redress, or Il right they did not secure.
And when we reflect that these powers OF
the English Chancellors in all those cases
in which law of the United States Is in
volved have been conferred upon the en-
cult Court of the United States there can
be no reasonable doubt that the court has
authority sufficient to reach the necessities
of this case--autAority sufficient 10 protect
from wrong and outrage every public Of
ticer appointed and acting under law oil
the United States rs long rs he shall be 80
acting and in the faithful discharge Of his
duty.
1t is therefore ordered that the defend
ant Ellyson shall no longer assume TO per-
form the functions Of Mayor of this city
under color of void and unconstitutional
act. That defendant Eukcr and his asso-
ciatcs of the fictitious Council shall IL
longer play their game Of pretended autho'
rity, aud that defendant Poe and his con-
federates shall no longer impose upon this
community as lawful police. In the inte
rest of peace AMI of public order the in
junction as prayed for i'll the complain
ants bill is awarded.
Tn the name and words of the Prcsidcn
Of the United States, "Let rs hnre peace.
The close of the reading was followed by
} noisy congratulations among the colorct
crowd outside the bar.
Mr.. NELSON After the departure of tho
crowd or the noise has ceased l wish II
make motion regarding the injunction
your Honor has just granted. l will III
uuirc if the order is drawn up.
The COURT: The order for injunction has
been handed to the clerk for filing.
Mr.. NELSON: All, then after that ii
| ,3o,o r b,va n motion tn make.