The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-11-03
MANDAMUS DENIED.
THE REGISTRATION CASES Be
FORE JUDGE WEXFORD.
Petition for II .Mandamu- 10 Compel the
Restoration Of the Names stricken From
the Registration Books-The Order Re
fused-The Judges opinion.

Restoration Of the Names stricken From
the Registration Books-The Order Re
fused-The Judges Opinion.
The registration cases were finally dis
posed of Yesterday, 80 far as tine state
courts are concerned. and there is hardly
the remotest probability of any Interference
by the Judge Of the Federal Circuit Court
of the Fourth judicial circuit. which cnl-
braces Virginia.
This j. purely State election. and Judge
Bond has no right 10 interfere. while Judge
Hughes il too just judge 10 attempt DO
INTEREST IL THE CASES.
The CITY Circuit COURTROOM was iillcd
Yesterday morning at lO O'Clock, when
the petition for "a writ OF ui1nd0uns
was 10 be presented 10 Judge u. Il. Well
ford. .lr.. sitting as The circuit judge for ihc
county of lienricc.
The County Court has moi been in session
sAc week before last. and hence sitting
simply in vacation could NOT entertain O.
motion fora m0Hd0wNS.
The Circuit Court of l!enricO b. IN session.
80 Judge Wexford could grant writ of
h,0ndomUS if the necessities of tine ease re-
quired it,.
II was an hour before the counsel for the
petitioners got ready tO present their petit
ton. and in consequence the hands oi the
clock pointed 20 beyond n o'clock before
the Judge was required 10 ascend the bench
and the petitioners counsel ready to begin
proceedings.
THE PETITIONS PRESENTED.
judge Edmund Waddill. Jr.. and Mr..
Edgar Allan represented the petitioners.
The registrars were represented by Mr..
Charles Y. Meredith. Mr.. William II. Sands
and Mr.. Conway Il. sands.
Judge Waddill read the PRAYER ot the
petitioners. one hundred and ninciy-siN in
number, asking for writ OF m0ad0nrs
compelling The registrar tO at once replace /
their names on the registration books.
The Court remarked 90 judge Naddili /
fIlat part of the petition, that portion which +
referred to politics. was Illegal. and legally /
impertincnt. lie asked that the political +
references be eliminated. which counsel ior /
the petitioners did.
Mr. Meredith asked the Court why they /
should be- required 10 come into court ON /
about eighteen hours notice at the demand /
Of one hundred and ninety men. when the /
staiatcs of Virginia say, that fea-onahl, /
notice must be- given on AN application for "a /
,iou,l0UuN: of these eighteen hours ten /
should have been allowed for sleep and rest /
The plaintiffs knew all of this Tuesday /
morning. why did they not bring the motion !
for a mopd0uuS then. They did not and it /
il not our fault.
They believed that they had another REM /
edy. That WAS the result Of their ntelii- /
gence. They failed in that, and nO one can I
accuse lis of the results Of their failures.
The Court: The matter before mc D. % /
question of law: IL can DC argued ON 90" /
demurrer filed. II the respondent has eti-
dence 10 produce then the cause would /
come up on the merits. and ! ann ready o. /
hear the evidence Admitting everything /
claimed there is remedy iy hearing the /
evidence in each case.
THE ARGUMENT.
Argument began az once on the demurrer /
:, the petition. Mr. Conway i. sand
opened and spoke for a good while. lie
called the court. attention 10 the common
law principle that a DfnnI0ln"y could nni
bc issued if there was another legal RENE
dv. and i'm th, ease there had been lr-al
rcmedie, which the opposing counsel hnd
failed 10 take advantage Of
Judge Waddill spoke ncAt. l!e Wa, fol-
lowed bv Mr. William II sands. MI. Edgar
Allan closed for the Republicans. ANA was
followed by Mr.. Meredith. who closed for
the registrars. Mr.. Meredith placed before
the court the falacy Of asking tOr uiHH-
,dgans by 1911 men. AN punched together.
and i'm no two instances having ca-cs sill
liar.
THE MANDAMI~ Ref SED--Jt DOB WELL
TORD'> OPINION.
judge Wcllfsnl said that il man was IT,
fused the right to register, then 10 WAS an
individual affair and he had the right Of in
dividual appeal 10 the proper court. as Stated
i'm the law. fla man was Improperly regis
tered. then it was a public wrong. and any
citizen had the right of appeal. Inc courts
are not created 10 hear suits Instituted hy
one person. when the party interested won't
,lo it for himself II j. only the injured who
have the right 10 appear in court. and There
j. no evidence here that any OF the men
mentioned even know that these proceed
ings are going ON.
If | had the power | would do All that !
could in assisting the men who have been
erased from the registration. If they were
registered. but the case a, pre-
.ented 10 him was not one Of ri-ht but OF
Individual wrong can De lemedied
by personal appeal according To law. mere
NAV be- a public WRONG, but nothing c'iden-
ling il il here. Zach one Of these l1l
names have a right tO claim q jury trial.
som. NAV claim il and some may not. IL
Is against all the practice Of pleading Ia =
-sue "A ya0Hli0H,uS in "A case ike this. \ q
u0nsld,uuS j. an extraordinary proceeding.
and il cannot be issued 10 but one person M
, time. and only then when all the other
emedies at law fail Ia be operative. :
\ DdD,f0nuS i, to compel party to do (
,lain duty when there il no other remedy. !
I there are other remedies, and from one or
he other reason the party cannot utilize H. q
hat is their misfortune. The law Is plain
,o ,san,innuS can be issued. The regis
rar cannot put these names back on the
.eistration books without violating the
aw. and no court could issue 4 m0"dom"S :
onpclling him to violate the law. Every v
hing must be done legally. "
The law has assigned the remedy for the
natter complained Of in the petition Tor q
IL some of the parties inter-
sted did not have the time 10 look into the
natter and protect themselves. II gives no
uthOrity 10 this court 10 20 on Oh ns way
nd issue a writ of mdndamus. The de-
,urrer to the petition must be sustained. u
An AprEAL TAKEN.
Judge waddill took an appeal 10 the I'll e
RENE Court of Appeals. ~