The free lance. (Fredericksburg, Va.) 1885-1926, 1902-12-02
CHIEF JUSTICE RULES THAT
COURT HAS NO JURISDICTION.
Wise Says He VIII Continue the Fiaht
Against New Constitution.


against New Constitution.
Chief Justice Fuller and District Judge
Edmund Maddi'l, sitting in the T.. ;.
Court. IN Richmond. heard Argument for
SIX hours thursday. IN fhe suit brought
on oenaH "i disirauceised negroes 20 up
sci the new constitution Of Virginia.
Only TWO speeches We're made EX.Con-
gresham John : Wise. now of N.v
\ Ork who had TO cross the ChesaneaL a
BAY IN sailboat and charter a special
train from OLD Point ia order TO get there
IN time 10 lead the legal fight against the
constitution. presented the case on beh AZ
OF these who lost the right of franchise
oy the operation OF the new franchise
quahhcauons. Mr. Frank W Christian
OF Richmond. who is associated with
Attorney General Anderson. replied in an
argument of decided ability.
ihe courtroom was crowei with law
yers and prominent citizens. Cant Misc
opened 10 a tbree-hour spcech baving
nled bis bill IN equity. and his motion
TOT prohibition cpier 70 prevent The
o'a'e BOARD OF commissioners from coun.
ting the returns and issuing the certiti.
Sates OF election 10 the Congressmen-elect
rom lrginia. The answers Of the re
spondents Were filed by Mai. Anderson
and MIR Christian replied ably and ar
length To Capt. Wise.
One OF the features Of the session WAS
the many little cOlioquies. for the most
part pleasant, between Justice Fuller and
Sapt- W ise- At one time. however tbe
New Nork lawyer was reminded in a
rather positive manner that be was NOT
proceeding according To themOtion of the
court in criticising utterances of members
Oi the constitutional convention Cant
Wise was making an assault upon the no
htical character of Hon. John GooSe
president OF the recent convention. haV inc
characterized Mr. GoOde as the professor
OF negro elimination, when Justice F,lllsr
asked that the counsel refrain from deal
ing IN personalities and FROM calling the
names Of individuals Can't Mise anofo
gized, and proceeded with bis sneerb
Capt. Wise bitterly assaiIed the const;.
tuition and the entire governmental mo-
ehluery OF the State. aud his speech very
bright and characteristic. was in STRIKING
contrast with the legal argument of Mr.
thristiau. who cOntended that the court
had no jurisdiction in either case and
sought TO sustain his contention bv alone
line OF decisions and authorities
virginia won victory in the assault
made upon the validity Of it, eonst;tr.
ton Chief Justice Fuller. sitting with
Judge addill in the L Circuit Court
IN kiehmdnd. after hearing for two dnvs
argument 10 the suit brought on bebsN
oi uls.ranchised negroes to upset thecoD
sttution. rendered decision sustoioi,c
tue states contention that the Federal
court had no jurisdiction. The Chief Jus
uce DENIED both the writ of prohih;tinr
to stop the State board Of ranv.ssc-s
from canvassi0g the returns rom the 70
cent election for members Of Cong ressand
Tor an Injunction restraining both r.
board OF canvassers and the Secretarv of
tue commonwealth from issuing ,.erti6.
cafes OF election to the Conrressmen
chosen The want of Jurisdiction wa
the S-ound upon which both orders ,vere
based. Judge Waddrl concurred in 10
ruling of the Chief Justi,e. but took o.
castor 70 say thelaw asconstrued nv tic
courts did not meet his view of what tbs
law ought 10 be.
The decision was RENDERED late Sotrr.
day afternoon. and in less than an bor-
the State board Of can gassers had issnej
the certificates of election to the Con-
gressmen.
Capt J ohn :. Wise. who has charge oi
.ne case LOT the negroes. says be " in push
an appea' 10 the supreme Court. will ar
ONE institute ia various sections IF a..
STATE the proposed s., 900 damage suits
against members OF the CONSTITUTIONAL
convention. The Governor. and Other
members OF the State board Of canvass /
ers.
tapt- Wise says he j. not DISCOURAGED b
ana That be will push the fight against 4
negro Acknowledgement with All r.
energy he possesser.
ne Republican party has no bacl
oone. says NJ. Wise in aud irter lew
Neither the President nor anv of tLe
eade's care rap for the negro. Mr. /
roosevelt wi'linyite Booker Washlneton
to dire with him, but il q score of nero.
are shot down within sight of the Witt /
y ouse, be will not raise his hand to !
b'i9g the guilty ones to justice.
l am the only ,riead the negro ha,
eli aud | will keep up the battle for bis
as long as there is a raw Of hone
" h'ie we were fighting to pe.Detuate
slavery the ne2roes were de'endiag onr
wives a0d homes. "
Nj. Wise said further that within the
lsAt moneh he VIII file from fif.y 70 "A
inndred suits against members of fbe
Convention and electinn
ID, ers, claiming damages in the SIM of
o,OOO Tor tue deprivation OF his clients
I their right to vote.