The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-12-03
RECEIVED A SETBACK
Enemies Of The South Forced 10 Post.
pOne Their campsiga.
OPINION OF Mr.. FULLER
In the Virginia Case Causes Them TO
Hunt New Ground.
COMMITTEE SIUDIED MATTER
And Decided 10 Take No Action 10 the
Glass Case,
THE TEXT OF THE TWO OPINIONS
Handed Down In the Jones Case Show.
that tho Action Could Not
Be Maintained.
COMMITTEE SrvDIED MATTER
And Decided TO Take No Action 10 the
Glass Case,
Handed Down In the Jones Case Shows
that tho Action Could Not
Be Maintained,

Washington, December 2.-Mr. Tayler OF
Ohio and other haters of the South are
not to be permitted TO do anything along
their chosen line OF attempting to reduce
the representation OF the South Mt the short
session,
Elections committee No. OF tue house
decided today to report adversely on the
resolution proposing an investigation Of the
credentials OF Congressman Carter Glass
Of Virginia. The committee decided that
no action was advisable at this session, lu-
ublnuch as u lul delegation from Virginia
and other States which hnd adopted new
constitutions will present credentials az
the beginning OF the next congress.
This action was taken after IA careful
perusnl Of the decisions which were hand
ed down by chief Justice Fuller aud JUS
tee waddll IN the Jones case at Rich
mond It is not believed that the nght
is over by any means, but the decisions
mentioned were rather setback to the
south'a mallgnors, and they may have
20 hunt new grounds.
THE FULLER OPINION.
The decree Of the circuit court OF the
United States In the proceeding TO test
the Virginia constitution as announced By
Chief Justice Fuller, Is as follows;
In the circuit court Of the United States,
for the Eastern district Of Virginia.
| William II. Jones OF al, NO 1909, In pro
| hlblhon, vs.. Andrew J. Montague. SOW
ernor Of virginia. and others, consdtut'
ing tho board Of state eanyassers.
Application for prohibition, prohibIunR
defendants from cAnvassing returns of the
| for rnNFt -
soutatlyos in congress or proceeding TO act
ON the same, and for preliminary order
suspendlng proceedings OH the part of tho
State houtd Of canyasscrs. The rule here
toforo entered herein Is discharged md
preliminary order deuled. This for want
Of Jurisdiction. The writ is not sought
In aid OF Jurisdiction already acquired; nor
does It appear that there la no other rom
edy.
The proceeding In eject is against the
commonwealth, which Is not ia amy vie"
An Indispensable party ana can not be made
such; aud tho matter being political, can
not he disposed OF IN such proceeding
JUDGE wADDlLL'S OPINION.
Judge WRddln, who sat with the chiet
J Justice. concurrod IN the decree, but deliy
cred an opinion Of his own as follows
In the circuit court OF the United states
. Tor the Eastern district Of virginia
. william n. Jones ct AL No. 1859. ia pro
hibiuon. VS. Andrew j Montague, gov
. crnor ~ virginia, and others, constltui
ing the bourd of state canvassers.
J william S. srlden ct al, No 53s, IN equity
J Va. Andrew j. Montague, governor o
virginia, and others, constituting tn
e board OF State canyassers,
p Believing, under the decisions Of tn
d courts Of the Uhtcd states, by which thi
y court is aud should be governed, that neith
Z. or Of the actions now before the court en-
). be maintained, !. Tor that reason concu
n ia the result arrived at by the chief ju'
e tice. Diminishing the same and may herr
after die brief memorandum, In writing
ombodying my views,
It is, 10 nankuess due, however tina
~. should tny that while I believe this
the law. as settled by decisions, II doe
not entirely ombody my personal views !
r. 10 what that law ought 60 he. I can b.
, believe that, as 20 rights arising undo
- ana guaranteed To me ciilzcn Dy INC co.
10 stltutl0n and laws OF the United state
o. lujur0usly affecting 100000 people. whet
n cr respecting their property ar their pc
i RouHl or political rights, and particular
3" the two latter classes, that they ouGl
X 10 be- given "a day M court afforded q
A. opportuuity for full and speedy hearing
e. aud 10 that end, that techuicaiues, form
aud ceremonies should ia large neaeu
Ok be dispensed with, speedy Justice nnords
H. and the rights Of The respective parts
lus0nt ascertained.
a. -
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