Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-12-14

w;t ~ the House. the following charac-
teristic counter blasts
whereas Breyet- Major-General +. X.
& Canhy. claiming TO be supreme COM
mander in the affairs OF the citizens Of
Richmond. having used the soldiers Of
ms command to prevent the said citi-
zeus from ousting by force Mayor and
Citv Council politically obnoxious to
them: now, therefore, be it
Resoir6d, That the Legislature re-
ouest his Excellency Governor Walker
10 remove the said Canby-pescesbly if
he can. forcibly il he must-under tho
Enabling Act, and TO reduce said Candy
TO the ranks. Referred.
LEGAL ASPECTS or TIE coSrEsT-rHE VA
RIoUs PROCEEDINGS.
They were indeed various-every move
WAS made which the ingenuity OF the
ablest counsel could suggest. On the 18th
of March. as we have seen. Mayor Ellyson
and his police captains were arrested on
the charge OF obs.ructing Chshoon and
other United States commissioners in
the discharge of their official duties. On
the 18th the Mayor was served with no.
tice OF motion upon bill filed in the
United States Circuit Court for an in
junction against him, the new Council,
and police officers. On the 23d tho ar-
gument on this motion began. 1t lasted
over week, and the injunction was
awarded on the 3lst. On April LIST
mandamus nisi against Chshoon and an
l. hn oil
Council were awarded by Judge Well
ford. OF our City Circuit Court-all
which orders the defendants respective.
" disregarded. Mayor Ellyson having
furthermore refused to accede to
verbal demand for the delivery Of the
city property to Chah0on made by Colo
mel Egbert, Chahoon's chief of police.
about half-past II o'clock Friday, April
lst, and q renewed demand made about
one hour later at the City Hall by Cha
hoon and Egbert together having met
similar response, sundry writs were Is
sued between the LIST and 9Th OF april,
as hereinbelow more particularly set out,
based upon the original order OF the
United States Circuit Court. TO compel
the surrender of the property OF the
city. On the 9TH Chahoon was served
with notice Of motion to dissolve this IN
junction, to be argued on the 7th before
the Chief Justice of his residence, in
Washington, and on the 9Th Ellyson WAS
served with counter notice TO show cause
on the 9th before Judge Underwood, at
Alexandria, why he should not be attach
cd for contempt.
LEGAL POINTS OF THE TWO s1DBs.
Chahoon's case was single and simple.
Under Canby's order, and indeed under
the Constitution and under a clause OF
the Enabling Act, itself, he "held over
until his successor should be legally
elected aud qualified. Ellyson was not
such legally elected and qualified sue
cessor, because that clause OF the act IN.
der which he held was void, as providing
for the appointment by city councils of
the MAYORS of cities, which officers the
Constitution declared should be eiectedb by
the peopie. The argument FOR Bllyson
was that his own title was good, the
clause under which he held being valid
and not in contrayention OF the
y
under the Constitution but as pre-
paratory and Introductory TO 1t by way
of temporary schedule for the admins
tration OF public affairs until the Constl-
tuition. in accordance with its own terms,
should go into effect and operation; but
that, even if this were not so, Chahoon
had no title-none under General Can
bv's order, for tho authority of the mill
tary commanders under the recOnstruc-
ton act having ceased when the State |
was readmitted to representation IN Con I
gress the authority OF their appointees I
ceased also none under the Constltu-
ton, for that instrument was manlfestly !
so framed as to vacate all existing offices |
upon its adoption, and none |
under any clause of the Enabling Act, |
for that act continued the Official authori- I
ty of such military appointees to civil Of /
fee only as would be eligible under the |
Constitution, and Chaboon was ineligi- !
bio, being an ofiice-holder under the Fed |
eral Government.
Only two of the numerous proceedings /
instituted were ever pressed to de- |
cision-one in the United States Court |
and one in a State court, and 1t is sad /
comment uDon human nature that I'm /
derwood, from the bench of the Circuit I
Court OF the United States, decided all /
these points in favor OF Chahoon and /
our Supreme Court Of Appeals decided |
all in favor OF Elyson; that at the /
very opening of the argument |
the former stated to counsel that
the clause in question of the Enabling
Act was so clearly unconstitutional and /
invalid that ho did not care to hear ar
gument upon the point, while our Court 1
of Appeals Of five judges was not only
in holding that clause consti-
tutional and valid. but the opinion ex-
pressly declared tiey had no doubt or
difficulty in 30 deciding aud explained
that its length was due to the importance
Of the case. the learning, ability, and
earnestness with whirh it had been ar
gued, and the intense popular excite
ment concerning 1t.
ACKNOWLEDGEMENTS MO-
TfoNs OF MAYOR ELLYsON's COUNSEL.
Underwood had sat IN the case alone
and the United States court room, in the
was crowded, largely
with negroes, at the hour OF opening
court on the 31st of March, when his de-
rision was expected. The opinion was
quite lengthy and We quote but the last
of 1t as follows:
Ii is, therefore, ordered that the de-
iendant. Ellyson, shall no lonqeT assume to
perform the functions of Mayor of this
,ity under color of void and unconstitu-
tional act That Defendant Euker and hls
associates of the fictitious Council shall no
onger play their game of pretended au-
.hority, and that Defendant Poe and his
shall no longer impose upon
his community as lawful police. In the
interest of peace and of public order the
injunction as prayed for III the complain
ants bill is awarded.
In the name and words of the President
IF the United States-"Let us hare peace" |
When the acknowledgements upon
he announcement OF the decision had
somewhat subsidized. Mayor Ellyson's
counsel moved for an appeal to the Su-
)reme Court OF the United States, which
notion, after desultory argument, the
I,,1pa 1avsa1 ka e,rN,,,,l that he J