Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1902-12-04
INJUNCTION Is
REFUSED
Wise Serves Notice of Appeal to u.
S. Supreme Court.
COURT HAD NO JURISDICTION.
Attorney General Anderson Speaks and
Addresses Himself Largely to the
Suffrage Restriction in the State

Richmond, Va, Nov. 29.-The argu'
ment in the proceeding of Mr.. John s.
Wise to lnvadate the new Virginia con-
stitution, was resumed in the United
States circuit court here this morning,
Chief Justice Fuller sitting with Judge
Waddill. Attorney General Anderson
spoke for the commonwealth, addressing
himself largely to the point raised by COM
plainants that the state was barred from
restricting the suffrage asst had done by
the reconstruction acts. de was followed
by James Hayes, colored, Of counsel for
companants, who made strong plea for
Me rights Of his race.
6hs afternoon the court dismissed both
suits, on the ground that it had no jurls-
diction, the actions being against the state.
An appeal will be taken. Ali the ques-
tions of the chief justice indicated that vir-
tually every contention raised by COM
plainants had been passed upon adversely
by the supreme court.
The decree of the circuit court in the
proceeding to test the Virginia constitu-
tion, as announced by Chief Justice Fuller,
is as follows:
'In the circuit court Of the United
States for the Eastern district of Virginia.
civilian II. Jones ct ais,
against.
Andrew j. Montague, governor Of Nir-
ginia, and others, constituting the board
of state canvassers No. 1859. In prohibi'
ton:
"App!ication for prohibition, prohibit
ing defendants from canvassing returns Of
the election held November 4, 1902, for
representatives in Congress or proceeding
to act on the same, and for preliminary
order suspending proceedings on the part
of the state board of canvassers. The rule
heretofore entered herein is discharged,
and preliminary order denied This for
want of jurisdiction. The writ is not
sought in aid of jurisdiction already &C.
qulred; 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 pro-
ceeding."
Judge Waddill, who sat with the chief
justice, concurred in the decree, but de-
livered an opinion of his own, as follows:
"In the circuit court of the United |
States for the Eastern district of Virginia.
"William H. Jones ct ais,
against
"Andrew j. Montague, governor Of Vir-
GINA, and others, No. 1859. In prohibi-
ton:
civilian S. Selden ct ais,
against
ANDREW J. Montague, governor OF Vir-
gina, and others, constituting the board of
state canvassers. No. 538. In equity:
ut ~, in frankness, due, however, that
1 should say that while l believe that this
is the law, as settled by decisions, it does
not entirely embody my personal views as
20 what that law ought to be. l can but
believe that as to rights arising under and
guaranteed to the citizens by the consttu'
ton and laws of the United States, inju |
riously affecting one hundred thousand |
people, whether respecting their property
or their personal or political rights, and
particularly the two latter classes, that
thee ought to be given day in court, af
forded an opportunity for full and speedy
hearing; and to that end, that TECHNICAL
ties, forms and ceremonies should, in large
measure, be dispensed with, speedy JUS
tice afforded, and the rights of the respec-
tive parties litigant ascertained."