Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-30


and preliminary order denied. This
for want of jurisdiction. The writ Is
not sought in aid of jurisdiction al
ready acquired; nor does it appear
that there is no other remedy.
The proceeding is in effect, against
the Comm onwealth. Which is in any
View ar indispensable party, and can
rot re made such: and the matter
being political. cannot be disposed OF
in such a proceeding.
Both the writs of prohibition are dis
missed"
Such were the mighty words which
fell from Chief-Justice Tuller's lips when
the United States Circuit Court reconven-
cd at 4 o'clock yesterday afternoon, after
a recess of two hours, following the con-
clusion Of the argument in the Titanic
contest of the last two days in the suit of
William II. Jones, ct ais. against Andrew
J. Montague. Governor of Virginia, and
Others constituting the Beard Of State
Canva ssers.
This for want of Jurisdiction"
The proceeding is, in effect. against the
state.
No more significant utterance ever e7la-
mated from Delphic Oracle. No more
rapt an audience ever hearkened to such
oracle than the great - OVID which listen
cd, hreathlcss. as one man, to this de-
cree of the court, and then emitted
Iong-drawn sigh of relief by the one half
and of disappointment by the ether.
The great contest was over. which for
two days had been waged with undated
vigor, to determine whether the Old Do
mirion was a sovereign selr-Eovcrning
autonomy. or Il State without constitu-
tion-a ship without chart. sailing in an
unknown sea and headed on hidden rocks.
And the State has won Every true
VirEinian lifted his head with pride and
smiled with satisfa ction at the result
as the crowd melted quietly away.
rartcin Wise interviewed.
Captain Wise listened attentive1y to the
announcement of the decision and it
probably did not come as surprise to
him, fer his ruddy. MISUNDERSTANDING
Pic!1win ocuntenance underwent no
shade CT change
When seen 4 short while after and asked
what his next stel: would be, ne appeared
rs undaunted as ever. He said he would
at once take steps 10 appeal. The appeal
would so 70 the Supreme Court of the
United States and he hoped it would .,s
heard within the next sixty days.
He regarded this as nothing more than
the killing of a picket on the firing line
before the general eaga cement.
Meanwhile, he said. in answer to the
question as to any other remedy he had
that these people. waving his hand at
the Colorcd auditors around him. will have
their suits against the members of the
convention from Boaz to Zollcoffer. and
then something might drop in Wash
ington Monday. He didn't believe the
negro had q SINGERS friend, but he was
going to see if the Republican party had
any backbone. He was going to inter
view the President that is. if the Presi-
dent would let him. Mr.. Roosevelt had
been somewhat shy Of him since he had
told him few jokes.
Asked if he did not think the President
4 friend of the negro. he replied:
Yes. in talk. His recent utterancc
on that subject had given him ray Of
hope. Besides, Congress might take
hand Monday. when Mr.. Carter Glass
for instance. offered his credentials. All
that wanted was some one to object
TO his credentials. They would so to the
committee. and Mr.. Glass could press
brick awhile.
1T will be hard to keep this corps
IN the coffin, he said.
Yesterdays Proceedings.
There were pitted against each other
in the United States Circuit Court Xcster-
day in the cause celeJre pending in that
tribunal, in which the sovereign State
OF Virginia appeared at the bar of the
Federal Union as a defendant, four con-
tending clements. striving, no doubt, i'll
the overruling wisdom of Providence, to
reach a conclusion, which. if not in eS-
act accord with the ETERNAL ve:ities Of
things as measured by human ken, Will
make for the sum of human good in the
divine plan as the ISSUES Of all great
questions invariably and eventually do.
The unique Feature.
There was the bone of contention, the
representative of the black race. in Pre-
pria persona the negro lawyer Hayes. the
unique figure in this days proceedings
who by reason of his natural isolation
in such scene. and his close Intimacy
with the interests involved. as he shat
tered the air with his shrill and almost
painful scream, in voicing the protest. of
his people commanded from his white
auditors on this occasion, q sympathy
and liberation which a colored orator sell
dom receives from such a source.
There was the representative Caucasian
standing shoulder to shoulder with him,
cha,nrioning his cause, and giving to 1T
al that the inherited culture. ability,
brains. and resources of the superior
race could bring to bear upon the sup
ject.
There were the defendants counsel, rep
resentatives of the State, of its highest
interests, character, intellect and con
stirnencv, trained and able lawyers, ap-
healing to the irresistible logic of the
law and the statutes and of the still
sovereign right of Virginia to shape.
without interior ence from without. the
Fundamental principles of her social life.
There was the court. calmly and colby
critical of the contending elements. as
was meet it should ne, to arrive at the
true equities of The cause before 1t.
The Audience.
AS on the previous day. the court room
was packed from wall to wall with