The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-24

QUESTION OF FJURlsDrCTyON-TIlES STATE
ALWAYS 4 TERRIToRY-vIEGiNIA NOT
IN TIE VNION-MR. CHhuOoN AN
OFFICER OF THE UNITED STATES
PENALTIES FOR OBSTRCCTING HIM
4 NcTICE OF INJUNCTION TO ACT AS
THE INJUNCTION ITSELF-&c., &C., &C.
The United States circuit court met yes
tcrday morning at 10 o'clock, the day and
hour appointed for hearing the motion Of
George Chahoon for an injunction to re-
strain II. h. Ellvson and others from net
ing as Mayor and other officers Of the city
government.
SCENE IN THE COURTROOM.
At the hour for meeting the courtroom
was crowded with spectators, the blacks oc-
cupying the benches on one side and the
whites on the other. Mayor Chahoon and
Colonel Egbert, of the late City Govern
,rniSsrt, we're about the first cf the contcsting
parties to make their appearance, and
shortly after number OF the ex-polHce
and holders Of minor Offices III the city
generally came in, including very fair
sprnkling Of United States civil officers.
Ex-Governor Wells, Ex-Governor Wise,
and Hon. L. II. Chandler, counsel for Mr..
Chahoon, and James Neeson, Esq, Judge
Meredith, and Il. I. Daniel, Esq, counsel
for Mr.. Ellyson, came in. Outside the bar,
| among the spectators, the busy hum of dis
cuseion about the result was kept up until
the court was opened by the "oyez" OF the
Deputy Marshal. Just is proceedings
commenced Mr.. Ellyson came in. Both
Messrs. Ellyson and Chahoon took seats
near their counsel.
THE PROCEEDINGS.
Ex-Governor WELLS announced that the
counsel We're ready to proceed in the case.
judge UHDERwooD: The Court has al
ready iutimated that it is ready to pro-
coed.
Ex-Governor WELLS said he was sure it
was cause Of no small rejoicing that
the scenes and embarrassments in our city
for the past week had left the lule of blud-
reons and were about to be submitted to
the courts. Force is always reprehensible,
and believing this true in law and in morals,
the counsel have filed the motion here fo"
an injunction. (Thc counsel here read the
motion for injunction already published
He went oh 10 say that complainant served
oil each of the defendants q copy Of the
motion, endorsed by Judge Underwood,
with words setting March sd for hearing
the motion. The complainant proceeded on
the wel-lehued rosition twice decided in
this court that serving this notice acted as
nn iujunct on from the moment Of serving.
Th,z was decided III tho case OF the Alex
audrin, Washington and GeorgetOwn rail
road, in which lbc court held that the
parties not obcyin@ the uoli,c were ga;l,y
ot contempt, tl;c!r acts void, and their
possession ii the property Intellectual.
Later than this. tie Chief Justice re-
fused to hear the question argued. 1t
ir monotrou- to take any other ground,
seeing that any other ground would only
make the notice n means of aiding the
parties in removing the property from the
jurisdiction ut the court and defeating
the purpose u the siit. That even
the last excuse might b. taken away,
and that we might be saved the spectacle Of
city in arms over the right of government,
the parties were served. on the same day
that notice was served, with subpoena.
To none Of these had obedience been rem
dered.
MIR. NEE~oN: The process issued in this
case was IL answer TO rules. and of course
no answer would he made till rule day.
Tie only matter, however, now before your
Honor is to hear This motion FOR IN iniunc-
tion and the answer we make TO it. MIR.
NceSon then presented attidayils Of James
\. Scott. president. and L. {. Howard,
clerk Of the City Council. Mr.. Scott de-
POSES that he il a member and president OF
the City Council, commissioned by Gilbert
E.. Walker, Governor Of Virginia; that
Henry II. EiiyEon wac elected Mayor Of the
city ~ the Common Council. and that there
is 10 other City Council assuming to act as
such in this city. Mr.. Howard, clerk of
the Council, depoScs that he has been two
years in that position, aid that when the
old Council Wa. superseded by the appOih"
tees Of Governor Walker the members
rctircl, leaving the records with him, and
| have At no time since attempted to eXerc Sc
the powers and duties Of c0uncilmcn. Mr..
Nee,on produced and handed to the Court
certified copy Of the enabling act, al o!iicial
copy OF General Canby's order surrender
ing the civil control to the State authori-
ties, and copie. Of the commissions Issued
by Governor Walker to the couEcilmcn.
Ex-Governor WELLS euid it was not Gus
tonary to discuss questions OF jurisdiction
of the court in motions for iniunctions. and
for the reason that as irreparable injury
WAC t. hc done III present, the court is
| asked 10 stretch forth its hand and nrree,
! tLis injury. But as in this ease the mat
ter If jurislitti0n lay at the bottom Of the
matter lie would argue it az fully aS ii
t!iat we're the turning point Of the case. He
would argue the point whether the Federal
court has jurisI .ction over the subject
matter in this motion, There are three
stages Of the jurisdiction Of Federal courts
in their history. The first commenced
with the Constitution. II was clear that
the trainers Of that instrument contcm-
plated securing the rights Of all the people
us we'll as the Government itself by yesting
the most ample power i'll the Federal courts
to determine all questions arising under
the United States laws. The second stage
was when the Government was settling into
u solid. peaceful condition. in which govern
mental matters were seldom agitatcd.
About that time several decisions were
made apparently limiting the jurisdiction
Of the Federal courts. The third stage was
recognized III the fact that the Federal ju-
Ilsdlctlon Is growing Jurisdiction. The
seed planted by the trainers of the Consti
tuition was yielding the fruit that they
intended it should bear. Chief Justice
Jay had said that there should be II tri-
buual in the United States which should
have power to settle all questions. There
fore il was that Il provision was embodied
in the Constitution providing that "the ju
dicial power should extend to all cases in
law and equity arising under this Consti-
tuition, tue lawS of the United States, and
the treaties mado, or which shall be