The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-05-11
THE CIRCULATION OF TILE DISPATCH
rs LARGER THAN THE COMBINED CIR
cuLarrcN 'cf ALL THE OTHER DAILY
NEWSPAPERS OF TILE CITY.
A prom,xsne Row Curious Conflict
Of fAutfsassty-The KuExlUx fsiii TO DC
EssforccS r.s M1Sa.sS n.
lsrom the s.. Louis Repap.ican, May 81

from INC 60 LOuic hAPapa1S-Sh, may VI
The contest between Judsa Dining and
Judge Vail for n SO It on the judicial bench
cr the fifteenth cirruit promises to end IN
something 4a0rea sceiouS than 4 test OF nero
musculir effort, aS exhibited in the pro-
ceedngs of that courS on Monday. Impair
tially; considered few except heated partl-
right on his side. Elected ove. bis oppo-
nent by clear majority in 1868, Gov. Nc
Clurg, nevertheless, went behind the re-
tnrns made by the clerks OF the election,
and on the ground Of D;nning having been
a Svmpathiyer.' and under the, legal
act required, the commission was given to
Vail, and he has therefore exercised the
function Of judge OF the 10Th judicial cir
cuit. Judge Dnning subsequently applied
for q writ Of quo scG7rGnt0, II having been
obtained in the circuit where the contest
existed, aud the writ was refused by Judge
YAH. Dinning waited patiently until the
inauguration Of Coy. Brown, and applying
for relief, the Governor ordered the Attor-
ev-General to br,rs the case before the
Supreme Court on. writ Of quo aca,rd',t0,
but the court refused to grant the writ on
the ground thatit was an original proceed
ing, and ought to originate III the Circuit
Court, where the case belonged.
| On that refusal the Governor ordered the
circuit atlorney Of the fifteenth circuit
| (Mr. Reynolds, Of Washington county, to
| institute proceedings in the case in the Cir
eui, Court Of that district, which he did in
| Washington county. Judge Vail ordered
the writ to issue, and seat the case to
Judge Gale, of Franklin county, for trial,
| where it is still pending.
+ This was the status Of the case when
Governor Brown "for good and sufficient
jr., III no to Ind
| Dinning. ...'.. =. 80
I d BE also ordered yairs name to bs stricken
| from the payroll in the Auditors office,
and Dinning's name to be inserted. 1t is
asserted by Vafrs friends that the Governor
instructed the officers OF the court at Iron
ton not to obey Vail should he at-
tempt to hold court. The proceed
ings of ;sethe court at Ironton, with
two rivals on the bench, have already been
reported: Vail imposed q fine; the clerk
refused to enter, the fine, and Vail ordered
the clerk to enter a fine against himself.
Inc same thlpg was repeated, and finally
hing in possession, Of the Judicial ermine.
Now it is anticipated that the judge of the
Franklin Circuit Court viii decide In favor
Of Vail on the ground that the Executive
| OF the State exhausted its power when Nc
| Cluig issued the commission to Vail The
cuse then will go to the Supreme Court. af-
| trming the decision of the court below, de-
nying Z writ ofQto aCarrdfto. Then suppose
the officers refuse to execute the implied
mandate of the court, which, reinstates
Vail. Then a call will be made on Gov.
Brown to oust Dinning by force. He will,
| it is believed, refuse to send down an armed
posse under the Montgomerys or Bowens
of the armed forces who happen then to be
| in command. Then comes conflict be-
| tween the Judiciary and executive powers,
and, as Wallis Radical partisans anticipate,
the Governor will be brought under the
| provisionsaof the kuklnX bill, which de-
clares where two or more combine to resist
the legal authorities they will be declared in
| y state Of rebellion. Things will then come
Co pretty pass. 1t will be worse than the
Dorr rebellion against King Charlcs's char
| Ter. Marshal NeWeomb and cther United
States officers Will raise the standard against
| the State authorities. These gentlemen as
sert that Coy. Brown, in commissioning
Dinning, has challenged a contest Of mus
cle," and they say that Vail ought to have
met it in that way, muscle to muscle.
| Iti IS reported that Gov. Brown, when
asked by Mr.. Leonard whether if the SUI
| preme Court ordered Vail on the bench he
would obey, the Governor answered he did
not know whether he would or not. The
Governor added that he ''Would act as lie
| thought rroUcr at the time"