Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1902-11-22
To Test the Suffrage Law.

In the Circuit Court of the United
States for the Eastern District OF Vir-
ginis; at Norfolk yesterday, Judge
Edmund Waddill, Jr., handed down
an order citing Governor Montague
and others, constituting the Board
of State Canvassers OF Virginia, to
show cause before this court Ia Rich
mond. at II a. H., on the Goth OF
November, why a temporary injunc-
tion should not be granted against
them in accordance with the prayers
Of a hill heretofore filed against them
nv William Selden, William H. AM
dersop. and Clarence b. Gilpin'
through their attorneys, John 3,
Wise and James Il. Hayes,
The temporary injunction asked
for against the Board OF Canvasseri
il to restrain them from passing
unon the returns of the election fol
Representatives in Congress, held or
November 4th, on the ground that
said election was not In accordance
With law. and was null and void and
OF no effect.
The bill of complaint upon which
this order is based, is brought by
three Richmond negroes to test the
constitutionality OF the suffrage
clause of the new State Constitution
1t sets forth that st the time OF the
election in question the complainanti
were citizens of the United States
and of the Third District OF Virginia
and as such were entitled to vote FOL
COpQressmen.
The complainants hearken back to
the Constitution OF 1869, and make
the point that the Congress OF the
United States by act of 1870. allowed
Virginia to resume her relations &c
the United States, which had been
interrupted by the secession proceed
ings, upon certain conditions, among
which was the provision:
THAT the Constitution OF Virgins
shall never be so amended or changed
as to deprive any citizen or class Of
citizens OF the United States OF the
right to vote, who are now entitled
to vote by the Constitution herein
recognized, except as punlshmenl
for such crimes as are now felonles al
common law"
1t is claimed that these conditions
were expressly accepted by Virginia,
and that she is estopped from deny
ing them.
The next point made is that the
Democratic party which was in con
troll of the various branches OF the
State government in 1900 when the
question of revising the Constitu-
ton was submitted to the people, as
sured the voters that il they voted
in favor Of the convention the Con
stitution framed by itshould be sub
mitted to them for ratification or re-
lection.
That the General Assembly in 1907
passed an act providing the plans fol-
selecting the delegates to the conven
ton, etc, and for submitting the
Constitution to the people for ratit-
cation or rejection.
That the convention assembled
June IL, 1901, and pretended to or
ganize, but a majority of the dele
gates refused to subscribe TO the oath
of Office and no member ever quail
fed as such. Whereby, it is claimed
the proceedings were null and void.
That Notwithstanding the alleged
political pledges, a bare majority Of
a quorum of the convention, consist.
ing exclusively Of Democrats, refused
to submit the Constitution to the
people of Virginia for ratification.
The bill attacks in detail the ma
chinery of the suffrage provisions
claiming that they were detrimental!
to and subversive OF the vested
rights OF the experimentation
mond Dispatch nth.