Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-21

= i'.. ~ the undersigned attorneys at
Ia % hereby appear in behalf OF the re-
cnondents In the abore-naMed cause, lof
the purpose of Directing to the 1urfsdict l,i
of this court to entertain tho s<..a
cause, or to make any oraer lne .h en
against the respondents, and for tnal
n,,rnose alone. And. without waving the
direction to the jurisdiction Of this court.
or said limited and special appearance:
hut insisting thereon, the undersisheu
move the court to enlarge the rule mere
toforc issued in this cause, which was
made returnable to this day. until FRIDAY,
the eSth day OF November. 1902, at II
o. clock A. NJ. in order that the said
RESPONDENTS may have further time to
make answer to said rule. AnG TINS APP
pearance is made specially and .soieiy
for the purpose of Directing to the Jur-
isdiction of the said cause, and for no
other purpose whatever; and said mo-
ton for the enlargement of said rule IS
in no way intended to waive the oo1ec-
ton to the jurisdiction of this court Or
to impair the special and limited CHAR
acter of this appearance
Now, we are anxious to suit the con.
venience Of your honor, and the counsel
on the other side, and of the Chief. JUS
tice, as to when this case shall be heard.
The Supreme Court Of the United States
meets on the first Monday in December.
as am informed; SO that 1t will not be
convenient for the Chief Justice to be
here on that day. VIII Friday, the Nth,
suit your honor?'
The Court: ''Will two days be long
enough for the hearing? II the Chief
Justice comes. he will probably want to
get through in time to return before
Sunday
CAPTAIN WIsE's SPEECH.
Mr.. John S. Wise: L think we can
get through in two days
And. now, if your honor please, it is
a great pleasure to me in this case that
the gentlemen who are opposed to me
in it are not only among the most emf
nent lawyers of which Virginia can
boast. but both of them are personal
friendship with one; and while the other
Indicating the Attornsy-GeneraD is
younger than 40. he has been my friend
ever since he was born. I am sure we
shall proceed most harmoniousIy.
And. as we have no more business
here to-day. as this business will be
disposed of by mutual consent, I am 60
Ing to avail myself of your patience to
say few words before come to the
discussion of these matters.
This is truly a litigation of very great
magnitude, but litigation which was I'M
avoidable.
THE question of whether the Constl-
promulgated by the Convention of Vir-
GINA OF 1ao1-1902. have been properly
adopted as the organic law Of the Com
monwealth Of Virginia. is a question much
more vast even than the great question
of suffrage, which it involves. That ques-
ton has to be tested. 1t is going to arise,
not only upon the suffrage clause, but
upon all the features of the Constitution
which embody taxation and revenue, and
every one OF the qualifications OF gov
eminent; and, as was widely said by one
OF the papers of this city, when this liti-
cation was first announced, It is best
that these questions shall be settled
promptly and finally.
"At the same time, nothing could be
more disastrous, and nothing more I'M
seemly, than that either the petitioners
should suffer from a speedy and incon-
siderate hearing. or that the respondents
should rush into court unprepared.
For myself, as the result of months
hard work-and / have devoted at least
a month of study to these cases-stand-
ing here to-day, I feel that l am the
superior of my opponents. from the fact
that l am much better prepared than
they, as l have had advantage over them
in the matter of time which I have de-
voted to the study of this subject in all
its details.
THINGS Involved
that are necessarily involved In the case.
We must discover the character of the pc
titloners' rights; the nature Of their
remedy. and the way to enforce them.
It will become necessary for my oppo-
nents to study all the reconstruction acts
of Consress-the legislation in proper rea-
ton to civil rights. the history of the
Constitution of Virginia, and especially
the rules Of pleading; the Federal ana
State decisions running through thirty
years on the subject, and the extent and
source OF suffrage in the States. It will
be necessary for them to study the United
States s-aLutes comforting jurisdiction OH
the United States courts So, the dis
covery of these rights and the ascertain
mcnt OF these remedies available. will
De found by these gentlemen when they
reach that point, most exhaustive
study. They must learn these rights, the
applicability OF the remedies invoked
here: whether injunction and prohibition
are in the first place availa BILE. and in the
second place consistent. So. after giving
this outline of the legal ground they
must cover, l can say that I am inleed
their superior; for l have toiled through
this weary wilderness and now stand,
like one upon lofty height, looking
down upon my opponents; and. behoGing
them struggling along through such a
maze, l wish them joy.
IL your HONOR. ordinarily, ns-
tween different kinds of lawyers, per-
haps there might be some contention be-
tween opposing sides about the particular
form in which our plain understanding
should be embodied. | will say here-and
| believe it will be echoed from my eli
ents-that the assurances of Attorney
General Anderson or of Mr.. Christian.
III the presence of the court, or out of
the presence of the court TO me. as to the
course OF their clients would be as ac-
ceptabie to me, # it met my views, as the
most solemn decree which the court could
enter. and | would regard it as equally in
violable,
ISSUE NO CERTIFICATES.
~ say 70 the gentlemen. In all candor,
that I have considered the questions adj
vanced In these proceedlngs-both In the
prohibition proceeding and the injunction
suit-and I will tell them that we prefer
being able to get to the door and have the
key IN our hands before the horse sets
out of the stable If the Board of Can
vassers were 70 meet and issue certificates
10 the candidates for Congress, it would,
Of course. put my clients at a very grsa.