Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-20
TELEPHONES.
JUDGE wAppILL,s ORDER.

The following suggestive lsIiei 4, - o-Ai
q well-known Richmond gentleman:
United States District Judge Wad-
dill has entered an order for the boaTo
Of Canva ssers Of the State of Virginia 10
show cause why a writ Of prohibiilon
should not be issued by him TO stop them
from canvassing the vote in the last con-
sressonal election. and also from award
ing the certificates TO those. who were
elected
Suppose after the hearing Judge Wad-
dtll should decide 10 issue the WRIT Iten
would come a series Of appeals and in lhe
meantime Virginia would be without re-
presentation in Congress. although the
United States Constitution makes the
House Of Representatives the judges OF
the election and qualifications of It's
members.
If Judge Waddill has this power then
every United States district judge in the
United States has the same power IL
they should choose TO exercise this pow
er then what becomes Of representative
government
Judge Golf went SO far as 70 enjoin TIE
State OF South Carolina from holding q
constitutional convention. On appeal 10
the Circuit Court of Appeals. Chief
Justice Fuller delivered tie opinion of Il.
court, and unhesitatingly dissolved the
injunction.
The Board Of Canvassers are the high
est officers of the State and are acting in
accordance with the Constitution OF the
State of Virginia. The writ is really not
against them, but against the State itself.
because il can only act through its
agents.
Can one imagine New York or Penn
sylvania treated in this way?
Whv then should not the State officials
absolutely ignore the summons and in Il
dignifed way stand on our rights as
sovereign State?
This is a phase Of the question which
we are sure has already received the
consideration of the members OF the State
Board Of Canvassers Cat the head OF
whom is the Governor). and their counse,-
We doubt not they will pursue that
course which the dignity of their position
and the welfare OF the cause they repre-
sent demand More we are not prepared
10 say at this time
That the question of jurisdiction VIII
be raised, we feel confdent-and that, too,
without reference to who occupies the
bench. whether Chief Justice Fuller and
others. or Judge Waddin and others.
Altogether as many as three judges may
sit, we believe.
If the view of our correspondent should
re adopted rule for contempt might be
expected. In that way speedy hearing
doubtless would be obtained.
All of us remember the Ayers and
Scott case, where the Attorney-Genera!
of Virginia and the Commonw wealth 5
Attorney OF Fauquier were committed to
the Jail In this city by Judge Hugh l..
Bond for refusing to obey some order
of his. and how they won their case. upon
appcal--by habeas corpus-to the United
States Supreme Court. But times have
changed since then and we don't believe
any Federal judge would now undertake
to stop the machinery OF our State gov
eminent by failing at one fell swoop the
Governor. Attorney-General, Secretary Of
the Commonwealth, Auditor, and State
Treasurer,
Judge Waddils order was for the
aforesaid officers TO show cause to-day.
at Richmond. why the writ of prohibition
prayed for should not be granted Most
Dispatch readers know-al ought 10
mow-that the object ofthe proceedings
brought by Mr.. John S. Wise before
Judge Waddill is TO enable the Federal
courts 20 pass upon the validity of the
aew Constitution. of -rsiata And as a
means TO that end it IS sought to prohi-
bit the State Board of Canvassers from,
giving certificates OF election to the first
congressman elected unoer that Consti-
tuition.