Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-07-25
TIE REAPPORTI0NMENT.
CniciaI Documents from the Supreme Court
Mt Wytheyilie.

AT NStnfNiie.
The claims OF Hon. John $. Wise aud the
order OF Court in the case OF Mr.. John
Bell Bigger, Clerk OF the House OF Dele
gates and er-otfcio Keeper OF the Rolls,
are as follows:
Virginia: In the Supreme Court OF Ap-
ptals, held at the courthouse OF Wythe
county, In the town Of wytheville, on Tues
day the 92d day oi July. 1884, upon the petit
tion Of John 5. Wise, citizen OF Richmond,
Virginia, representing that he is qualified
voter therein aud now u representative In
Congress from the State Of Virginia at
large. and as such interested in having the
proper representation in Congress to which
the State is entitled. secured to him In com.
mon with other citizens. 10 also bis right TO
vote for q representative ut large from said
State, or himself to be voted for as csndt.
date for such office; that he is aggrieved
and injured. and his rights aforesaid endan-
gered by the wrongful enrolment among
the laws OF Virginia by j. Bell Bigger,
Clerk Of the House Of Delegates and Keeper
Of the Rolls OF Virginia. and his refusal %
exclude or strike from the said rOll' a GER
tain PRETENDED act Of Assembly, entitled
An act to apportion the representation OF
The State OF Virginia in the Congress OF the
I
on the odd DAY OF February, 1854" and
which was designated on the Senate Journal
and known a. a." Senate Bill No. 32i -; and
also, by the wrongful refusal OF II. L. Derr
to omit said pretended act from the Acts OF
Assembly. and his proceeding to publish
and distribute the same as " Chapter li7'
OF the Acts Of Assembly OF 1SS3-lSSi, with
the ii le aforesaid. For said alleged act hay-
ing now gone on the rolls, and about being
printed and distributed as one OF the laws
OF the State, the officers OF the State, includ-
ing Judges and commissioners OF election,
will be bound TO respect il and conform TO
il unless declared void by this Court. For
whereas heretofore the people have elected
nine representatives In Congress by DIS
tricts and one for the State at large. the bill
aforesaid provides that all ten representa-
tiyes shall be chosen by the respective elec-
tors Of the ten districts described therein;
and, i'm the present uncertainty, the state
is in danger Of losing her representation en-
tirely in the FOrty-niuth Congress; for II
the election takes place purs uant to the pro-
visions Of said bill, and the same be not a
law. then the State will have no legally
elected and duly accredited representatives
in the Forty-ninth Congress; and which
petition also alleges that Senate Bill No. 32l
never, in fact, became a law, for that there
is no sufficient evidence that the bill ever
passed the Senate, the house in which it
originated, by such majority over the
Governors veto A. the Constitution re
quircS; that in point OF fact IL never
received an affirmative vote OF two
thirds Of the senators present when the
question WAS put, Shall the bill pass no:-
withdrawing the objections oi the Cover
nor?" that there were al the time present
in the Senate chamber not less than twenty
nine senators, and that only nineteen OF
these voted AVE" on such passage OF the
said bill. Petitioner exhibits the Senate
journal Of February -. 1854. and tlt
rules Oi that body aver that the senate had
an official stenographlc reporter, whose re-
ports were recognized by the Senate rs OF
fetal, and which reports FOR shat dly will
show that Senator Williams G. WicShlm
was present. and not voting on the said
passage Of the said bill, he declaring that he
regarded said bill unconstitutional, and
could not support It under any circum-
stances. And petitioner AYERS that lac was
So present. and was not and could not have
been lawfully excused from voting; that
in Fact the Senate journal itself dlscloses
the fact that said Senator was present at
that time. although it does not in terms
say so. The petitioner insists that il was
not in the power OF the Senate 70 50 recOg-
nlze pairs" oi individual Senai )rs a. 10
convert Il majority vote INTO twO-thirds
vote 10 pass a bin over the Executive veto;
prayS leave to prove by the stenOgraphic
report. pnd other evidence. the facts
ALLEGED in the petition. The petitioner
further alleges that said pretended act is
null and VOID on the further ground OF re-
pugnance TO the twelfth and thirteenth sec.
tions Of Article ) Of the Constitution OF
Virginia, because the districts into which
the State is thereby divided are not "as
near as may be equal in population
compact" and composed Of " contlgGou,
counties. cities, and towns -; and which
petition prays that the said John Bell
Bigger, Clerk Of the House Of Dele yates
and Keeper OF the Rolls OF the State Of Fir-
ginia, and the said X. L. Derr, Superin-
tcndent OF Public Printing, be served with
. rule HiSi to show cause. il any they can,
why the Commonwealth writ Of prremI-
tory mdnddmus shall not be awarded pc
titOner directed to >aid Keeper of the Rolls
and said Superintendent of Public Print.
Ing. commanding John Bell Bigger, Clerk
Of the House oi Delegate, aud Keeper OF
the Rolls Of Virginia, 10 strike from the
rolls. and deliver up to be cancelled, said
alleged act Of February %, 1884, described
i'm said petition, and commanding the said
Il. L. Derr, superintendent Of Public
Printing. to omit from the acts Of lSS3-'S4,
which he ia required 20 p,blish aud dis
tribute, the sad alleged act OF Assembly
hereinbeiore described.
II is ther,0re ordered that the said John
Bell Bigger, Clerk Of the House Of Delegates
and as such Keeper Of the Rolls Of Nir-
ginia. and the aid Il. L. D.rr,
Superintendent OF Public Printing, after
being served with copy OF thi.
order, appear here at Il NJ. on the 3lst
day OF July, 1884. and show cause, il anv
they can, wherefore the COmmOnweaIth's
writ Of mdud1muS should not be awarded
to John :. Wise, commanding the SAID
John Bell Bigger, Clerk OF the House Of
Delegates and Keeper Of the Rolls Of Vir-
ginia, to ss'ike from tho rolls the act enti-
tied An act to apportlon the representa-
ton Of the State Of Virginia in the Con-
gress OF the United States" designated
"as in force February %. 1884," and also
commanding said X. u. Derr, Superin-
tendent OF Public Printing, to omit said
act from the Acts Of the General Assembly
for 1sS3-1SS4. which he is required by law
TO publish and distribute.