The county record. [volume] (Kingstree, S.C.) 1885-1975, 1902-12-04
CASE THROWN OUT.
First Trial Results in Victory For the
New Virginia Constitution.
ANOTHER APPEAL is TO Be TAKEN
The Issue OF Coiored Suffrage is TO
Be Fought to a finiSh-1he Out
come VIII Be interesting.

S-
Richmond. :Special-The 2argume2t
in the suit Of Mr.. John S. Wise to in
validate the new Virginia constitution,
was resumed il the United States Cir
cult CoIrt- Saturday afternoQn, before
Judge Naddill. Attorney General An
dersor spoke for the Commonwealth.
addressing himself largely 20 the point
raised by r0mplainants that the State
was barred from restricting the .Suf-
rage rs il had done by the -reconstruC-
tion acts. He was followed by James
Hayes. colnred. of counsel foT. the COM
%plainantS, who made a str3ng plea 1or
the rights Of mis- race.
The court dismissed ,hGth 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 vir-
'tualy every contention raised by com
plainants had been passed upon .ad-
versely BY the Supreme Court.
The decree OF the Circuit Court of
the United States in the proceeding to
test the Virginia constitution as an
nounced by Chief Justice .Fuller, is as
follows:
I'm 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. and others. constituting the
board OF State ~canvaSserS-
Application for prohibition, prchi-
biting defendants from eapvassing re-
turns CT the election held November 4,
1902, for Representatives In Congress
or proceeding to act the same and 10Y
preliminary order spspepdirg pcoceeu.
ings on the part of the State board 9
canvassers. The rule heretofore enter
ed herr'n is discharged. ami prel:ni-
nary order denied Thb fUr wan: Of
jurisdiction. The writ is ngt sought
in aid &C jurisdiction slready scquireI;
For does it appear that thare is no 9th
Ell remedy.
THE proceeding. in effect, against
the Commonwealth, which is net IN
any view an indispensable party, and
cannot be made suct,; and the matteT
being political, cannot be disposed OF
in such a proceeding"
Judge Waddill. who sat with the
Chief Justice, concurred in the decree,
but delivered an opinion Of his Own. as
follows:
"In the Circuit Court of the Unitei
States FOR the eastern district OF Viz
ginia.
"Wm. H. Jones ct ais Is. Ma. s71ae.
In prohibition:
Andrew j. Montague. Governor ae
Virginia, and others, constituting the
board of State c~anvassers.
William S. Selden, ct ais rs. No.
538. In equity:
Andrew j. Montague, Governor Of
Virginia, and others, constituting the
board Of State canvassers.
Believing under the decisions of tho
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, /. for that
reason, concur in the result arrived al
by the Chief Justice. dismissing the
same, and may, hereafter file a brie3
memorandum in writing, embodyinS
my views.
1T is frankness, due, however. that
/ should say, that while l believe that
this is the law. as settled by decisions,
it does not entirely embody my per-
.sonal views. as to what that Law ought
ITO be. | can but believe that as u
rights arising under and guaranteed 20
uhe citizen by the constitution and
Jaws of the United States injurioUSly
affecting one hundred people. whether
respecting their property to their per-
sonal or political rights. and particu-
1arly the twO latter classes. that they
ought to he given a day in court, al
f0rded CT opportunity fer a full and
speedy hearing: and 70 that end, that
t~echnicalities ferns and ceremonies
should in large measure be dispensed
with. speedy 5;rst!ce afforded. and the
rights Of the respective parties litigant
ascertained.'
The State board OF ~canvasseCs met
Immediately aftec the adjournment Of
the y;nited States Court. this afternoon.
and awarded certificates TO 10 1on-
gressmCn recently elected. including
Campbell Slemp. Republican, in the
ninth district. whose majority was
found on final Canyass of the vote to
be 2IS. A certificate was also issues to
Carter Glass. elected in the sixth dis
trict, to fill the unexpired term OF the
lste Pelar J. Ctey.