The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-11-30
SUIT DISMISSED
BY Justice FULLER
Wise VIII Appeal to the High
er Court.
1T is A STATE MATTER
So Rules the Chief Justice as Ground for Dis
missing Sui.---Nise's Contentious Al
ready Passed Upon Adversely
by Supreme Court.
(By the Associated Press

Richmond Va, Nov 29-The argument
to invalidate the new Virginia constitu-
tion was resumed in the United States
Circuit Court here this morning, Chief
Justice Fuller sitting with Judge Wad-
dill
Attorney General Anderson spoke for
the Commonwealth, addressing himself
largely to the point raised by complain
ants that the State was barred from re-
stricting the suffrage as it had done by
the reconstruction acts. He was followed
by James Hayes, colored, of counsel for
complainants, who made a strong plea
for the rights of his race.
This afternoon, the court dismissed
both SUITS, on the ground that it had
no Jurisdiction, the actions being against
the State.
| An appeal will be taken.
All the questions of the Chief Justice
indicated that virtually every contention
raised by complainants had been passed
upon adversely by the Supreme Court
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:
"1n the Circuit Court of the United
States for the Eastern district Of Vir-
ginia
William H. Jones ct ais, vs. No 1853.
In prohibition:
Andrew J. Montague, Governor Of Xirz-
ginia, and others, constituting the Board
of State Canvassers.
Application for prohibition, prohibiting
| defendants from canvassing returns of
the election held November A, 1902, for
Representatives in Congress, or proceed
ing to act on the SAME, and for prelimi-
nary order suspending proceedings on
the part of the State Board of Canvas
sers. The rule heretofore entered herein
| is discharged, and preliminary order de-
MED. This for want of jurisdiction. The
writ is not sought in aid of jurisdiction
already acquired; nor does it appear that
there is no other remedy
''The proceeding, in effect, against the
Commonwealth, which is not in any view
an Indispensable party, and cannot be
made such; and the matter being politi-
cal, cannot be disposed of in such a pro-
ceeding."
Judge addill, who sat with the Chief
Justice, concurred in the decree, but de-
livered an opinion of his own, as fol-
lows:
"In the Circuit Court of the United
States for the Eastern District of Vir-
ginia.
william H. Jones ct ais, VS. No. 1859.
In prohibition:
Andrew j. Montague, Governor of
Virginia ard others constituting the
Board of State Canvassers.
William S. Selden, ct ais, VS.. No. 5SS.
In equity:
Andrew ]. Montague Governor of
Virginia, and others, constituting the
Board of State Canvassers.
Believing, under the decisions of the
courts Of the United States, by which
this court is, and should be, governed.
that neither of the actions now before
the court can be maintained, l, for aaE
reason, concur in the result arri1od
by the Chief Justice, dismissing the san'e
and may hereafter file brief men lran
dun in writing, embodying my views
"It is, in frankness, due, however hat
l should aay that while | believe th0t
this is the law, as settled by decisions
it does not entirely embody my person
views as to what that law ought 90
can but believe that as to rights ac
ing undsr and guaranteed to the eiJiz
by the constitution and laws of the Ial
ted States, iniuriously affecting on bun-
dTed thousand people, whether reslectln8
their PROPERTY or their personal or POI
cal rights. and particularly the two latter
classes, that they ought to be given
day in court, afforded an opportunity for
full and speedy hearing; and to that
end that technicalties, forms and core
monies should, in large measure, be dis
pensed with, speedy justice afforded and
the rights of the respective parties liti-
giant ascertained."