Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1900-06-09

investigation and did not intend to
employ counsel, they bad reconsid cred
thls part OF lt and wss represented bv
L. y. Wendenburg, Esq. III. "A. Smith.
Jr., Esq and Hon. George D. Wise.
THE PLEA SUBMITTED.
They submitted their plea that the
Court did not have Jurisdiction Judgs
Wist set Wednesday at 10 O'Clock for
the hearing but afterwards stated to
counsel that it would be personal
favor to him to let it 20 over until
Thursday morning ut 10 o'clock. This
was agreed to and upon the retire.
ment OF counsel the crimina al docket of
the court was proceeded with.
THE ARGUMENT BEFORE JUDGE WITT.
Promptly at 1902 A. NJ. jude. q
b. Witt ascended to the bench. Mr.
Royal stated that he WAS ready En-
proceed. Mr.. Wend enbarg stated
that they were ready to proceed ali IN
she presence OF Mr.. III. III, Smith. Jr
who was engaged in the folice Court
Mr. Royal stated that he did not know
how they could ever get through in
this way. There were two of the conn.
sci present-Messrs. Wendenburg and
his Honor sent for Mr. Smith and
said he desired TO give him reasonable
time In which to put il his appearance.
Message came that he could NOT be
present and tn Court could proceed.
Mr. Royal said he would submit a
motion to reject the plea of
the consestees. Mr.. Wendenburg then
argued the question OF Jurisdiction.
quoting section 160 OF the Code of
virginia He argued that the court
could rot have Jurisdiction unless the
couuciimen and aldermen were offic-
ers of the city.
At this point Mr.. Royal interrupted
ana said that he did not know the line
argument. but had thought what it
would be and would ask that the
Court send for the list OF authorities.
which he decided to submit.
Mr.. Wendenbarg then proceeded to
read rom the City Charter, arguing
that the members OF the City Council
were not officers of the city. He cited
section 1880, governing cities and
towns, and stating that the G lunciI
shall be the Judge OF it's members
Mr.. Royal said, "If your Honor
please, nothing is palmer to INV mind
han that the Legislature of Virginia
intended Co include councilmen as Of
tcers. He cited Chapter /, Section s.
de showed that the charter did 40 in.
tend to include them, citing Section
10 page IA. he discussed the oues-
tion OF officers. He produced the ma
pers in the Chahoon- Ellysop Oontes,
Mr.. ndeAburg claimed that il did
not apply TO councilmen, but to the
Mayor. Mr.. ReyAll claimed shat it
did apply councilmen and proved il bv
the record in the case. He showed
that no question as to the jurisdiction
OF the court had been raised. and the
opinion OF Judge Guigon that the case
could be properly heard in the Hust.
ings Court.
JUDGE GUIaoN's ACTION.
He showed that Judge Guigon did
set the elecsion aside in the council.
manic contest in Marshall Ward.
That's the record" remarked Mr..
Royal. Your Honor will perceive
shat this is not q contested election.
Ii is the plea Of fifteen aggrieved citi.
zens, who come to your Honor's court
as grand jury asking public Justice,
coming here not in the interest OF any
man. It contemplates that John
Mitchell, Jr., may 60 to the council
and say that have been elected and
am entitled to the seat held by Bahen.
The council may olst BAhen and give