The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-06-29
THE WRIT OF CUSTER.
A MOTION TO oUAsH ARGUED YES
TERDAY.
The Case Not acknowledgements by
the Solicitors Pro and Contamination
Given That the Case win Be Carried
Up.

Inc usually uull hhu ooihpSi PhSeinSo
OF the Chancery Court were more than
lively and active yesterday.
1t was motion day, and good many
motions were disposed Of one way or the
other.
The interest in the early proceedings
was only such as is felt in trifling pre-
lminaries or slight picket firing and Skin
mishing that heralds the battle which is
to come. Law books, those Calling guns
OF jurisprudence, were planted in rows on
the solicitors tables, and from between
the leaves Of each protruded slips OF white
paper. marking the spot where lay the
magazine that could be touched of by
turn Of the hand. There was the first,
Jones, page so. to be used as an entering
wedge, followed by the second, Brown,
page 60, which was 10 clinch Jones and
batter hole in the Notifications; there
was the third, Smith, page 70, that was to
take up the fight bravely when Jones was
oblterated, and there was the fourth,
Green, page 100, that was to open fire on
the enemy's unprotected flank and send
him bowling with discontinue and dis
may into the wilderness There were
others besides those named ranged around
about, with the Code, like a mortar, ready
to throw dynamite shells in every direc-
ton. Then there were sheets OF paper,
written in an unknown hand. but
which the solicitors read in English.
lying around in voluminous profusion and
there were host OF legal gentlemen seated
t.to xx.aftfVfk for tim nnQninn nj
hostilities All these preparations were
for the DuBose case, wherein a motion
had been filed TO quash the writ OF custer
filed some weeks ago.
Gen. ]. u. Heiskell arose for the de-
tense.
Gen. Heiskell argued that the Attorney
General must bring the suit upon his own
official responsibility. The REALTORS could
not do so. The Endorsement by the At
torney-General was not sufficient. He
must sign the bill as States Attorney and
be responsible for the proceedings.
The Chancellor intimated that the At
torney-General must sign tho bill, and
that his failure 10 do 30 rendered thefn-
strument defective and short OF the legal
requirements.
Solicitor Lehman argued on the other
side. From first TO last II was observed
that Mr.. Lehman had the court dhid the
opposing counsel against him, and, Of
course, the law also, and this made his
side OF the fight the most difficult. HS
fought bravely. however, and contended
that the Acknowledgement bad in effect
signed the bill by his attached explanation
wherein he says: 81 sign this officially and
in order that the relators may get redress
in court or that the defendant may justify
himself II the charges are uniounded
George b. Peters, Acknowledgement
Cases were read where this question haC
been passed upon, and one in particular
where the official signature Of an Attor
ney-General was considered irregular bu
not fatal TO n similar bill.
The court decided that the Attorney
General could then and there sign the bill
which upon his arrival in court he pro
ceeded TO do.
Just as Mr.. Lehman was felicitatin,
himself with the idea that he was rectu
In curia, broadside from an uncxpecte,
source struck him amidships and ncarl
raised him out OF the water. IL was
motion by Gen. Heiskell that Mr.. Lehman
be not allowed 10 address tho court Us &c
liciior for the REALTORS.
The court decided that Mr.. Lehma
could not speak as a solicitor that onl
officers Of the court could DO heard. Thi
threw Mr.. Lehman out Of court, locl
stock and barrel, but lac did not 90. b
one Of those beautiful fciions Of the Law
Mr.. Lehman departed from the presence
but by another he was mctamorphose
into tho Attorney-General aud kept hi
seat. The metamorphosls was complet
and absolute. The transmigration Of th
soul OF Lehman could be seen and felt an
heard. The soul Of Lehman was In th
new Attorney Generals voice, in hi
actions, In his argumcnt-yca, In tho v,
hemence with which he whacked the he
! NETS OF his adversaries with his trust
Damascus. Court adjourned until %
o'clock pm.
On reassembling solicitors for the dc
Tense were tardy about arriving. Mr..
. ii. Malone was the only one present, an
the Chancellor insisted that tho youn
gentleman had, like Gideon OF old, ,
tread tho wine press all alone; a tas
which he undertook with apparent trep
dalton aud misgivings, but which he con
4 pleied with much credit 10 himself aud
{ a manner TO win from the Chancellor
4 flatiering compliment lie argued thu
4 the original proceedings must be by IN
parchment aud not by quo warranto. III
: Constitution gave TO the General Assem-
bly, the right To impeach Judgesand state
: Attorneys, and that this grant OF pow,
was exclusive, sole, absolute. aud coul
I. not be iniringed upon or divided by cour
: OF equity or other tribunals. This poif
I was the pith aud moment Of the case, al
u was elucidaied clearly, thoroughly, elal
orately.
! Mr. Malone was followed by Mr.. w.
Randolph, who started In for very elal
crate argument ON lines convcrging 10 u
J. central roint made by Mr.. Malone, tow
= That the Legislature and not court
= equity had Jurisdiction OF such cases, III
J that a grant Of power 10 any department
: the Government was an exclusive grant
. Tho Chancellor notified Mr.. RandolI
that the mind Of the court was made up q
that proposition aud that iurthorarguIno
!. was unnecessary. Mr.. Randolph sat dow
lust M lie was becoming Intensely intero
ing. much 10 the chagrin OF those who
l. sired TO see the process by which the pet
10 Of the legal roso are uniolded.
v Solicitor !. Lehman, for the prosecute
!, followed with the concluding speech
10 the case. lie argued that while the l.c
" islaiurc had an exclusive right TO impea
e Judges and States Attorneys, while n
;, body had the sole, original aud pecul
o duty imposed upon II by the Constitute
it, province was circumscrbcd and limit
10 "oflouses committed In their official ,
paciiy," In the language OF the orgaI
~ law. The proceedings In impcachmC
a cases could b. maintained only for oneni
m committed by the officer while In oili
a. Tho jurisdiction did not extend rotroa
- lively, and like a bosom 10 every act o.
n, mans life. II death with the officer At