The times. [volume] (Richmond, Va.) 1890-1903, 1902-11-30
How the Op!n.oas of the Court Were
Il. celved by All.

H.
How the Op!nio.s of the Court Were
R,celved by All.
When the court reconvcned at
P NJ. every one anticipated quick de-.
..ision for the argument had been com
pletcd ct the morning session ano the
cases were taken under advisemeni es
INC coiir,. There was but little ceremony
The Judges asceaoed the bench promptly
nj the hour named. and in a tnonieia'
airt Justice Fuller was reading mas uiaA'
ion Every eye was upon MS dlsls n
gGished foisn and the faces q me
Democrats lighted up as the great 1uEist
proceeded. lie made a few eAIa,aiia ,.-
remarks from the bench before readllas-
in which he r GREETED That he llad nSi
1tt. time 10 pass upon ali the varied CUES
titns involved. but said they lad an ossl,
decided by the courts in other cases, ana
indicated thai hsse declslafls ilad no.
been unfaVorable TO the Safe
GAVE SATISFACTION.
Tbese remarks carried satisfaction TO
the hearts al the Democratic hearers
snG corresponding regret to the otaef
contingent Captain Wise sal hflinoRtse.
Ar his seat He BETRAYED some disan..
polntment upon his massive tea ~ es.s
but in IA moment was smiling md cslaf.
ting with his friends as gieefuily as II
II
clients. Major Anderson and Alt
Christian we're fairly beaming with
smiles and there was raSA#
OF the part of lawyers and lay
men to grasp their hands in hearty
FOLLOWED THE Law
When Justice Fuller had concluded Judge
WaadiIl read his opinion which assented
10 the view of tho Chief Justice but only
on account Of the plain mandate 81 the
law. for he dissented as to what the iaw
should he. When he had finished Captain
WISE was uron his feet to4faoNe Ter an
appeal tothe Supreme Court. when was
promptly granted and then Justice taller
laid Nothing else remains TO oe cone,
ana ordered the court adpourned-
Jus,ce Flu ier's v vs..
The opinions OF Justice Fuller on the
Two cases. which he promptly dismissed,
we're as follows:
STATES for the Eastern District OF
Virginia.
William Il. Jones Ell ais
VS. lNo 1873. In prohibition
Andrew j Montague. Governor OF var
sirlia. and others. constituting the
Board Of State Canvassers.
Application for prohibition. prom pit
ing defendants from cangassi.2g Te-s'
turns of The election held AoS en1ber
d. 1902. for representatives in Congress
or proceeding TO act On the same. 9 no
for preliminary ORDER suspenGirg pro-
cee1irss on the part Of tn. state
Eoard of CarvasssIs. The rule here
to.p-es entered herein is DISCHARGED ana
nrelir,irary order, denied-1his for want
rirFisifc;ion. The writ is not sought
In aid Of jurisdiction already acaulred
ror does 1t appear that there Is no
other remedy
The proceeding is in effect, against
the Commonwealth. which Is in any
New an Indispensable party and cam
not be made such and the matter be-
ing political cannot be disposed Oh IN
such q proceeding.
RHFf r. ID sfIIATfG IF p.
In#the Circuit Court Of the United
States for the Eastern District Of
Virginia
william II. selden ct ais
vs.. tgSo 5Ss. In equity.
Andrew j. Montague Governor Of Si1-H
sinia and Others. constituting the z
Board of state canvasseIs.
Application for an injunction re-
s,iai.,tns defendants from passing on
tho returns of an election i3eld NpTe:n-
ser d 1862 IN the. state Of Virginia
ftr representatives In Congress, and p
the Secretary OF Virginia from ~ Tx
Ing out and transmitting certificates
o. election. &c.
viii he discharged and the application
denied, because Of want of jniistic-
tion
The application Is. in effect, against
the Commonwealth. and the subject
natter Is political
That q court of equity has no jur1s-
siiction as such IN cases within wla!ch
this case falls settled in this circuit
,n Green VS.. Mills. 69 Fed So
A DUAL fed v .rglrian.
Judge waddllls opinion. which was
rhen read vas as fallows:
In the Circuit Court Of the tinted
States for the Eastern District OF
Virginia.
William H Jones ct ais
vs. no. ls5a IN prohSbition
Andrew. Montague. Governor OF Nir-
einia. and others. constituting the
Board OF State Canva.sers.
William H. Selden ct ais
vs. co. 5ss. IN equity
Andrew j. Montague. Governor Of VIZ
einia, and Others. constituting the
Boa.s Of State CanNessers
Believing. under the decisions of the
courts of the United States BY which
this court is and should be governed,
that neither OF the sections naw be-#
fore the court can be maintained. /.
Tor that reason. concur in the result
arrived at by the Chief justice. dis
missing the same. and may hereafter
lie a brief memorandum IN writing.
emhoaying my views:
II in fraakness due. however that
should say that while / Believe that
this is the laH. as settled by the de-
cisions Il docs not entirely embadyg
my personal views as to- What that
Law Ought 10 he. i can but believe
tina; as 70 rights arising under and
guaranteed otlle citizen BY the Con-
st!tution and laws OF the United#States.
i.ju.ious4y affecting one hundred ,hous-
and people whether respecting their
property or their personal and pol!ti-
caal rights, and particularly the two
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S.pt..,