Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-21
ANDERSON AND WISE.

for the CASE
ANDERSON AND WISE.
StcnoEraphic Report of Formers
Anxwer-Auotattons from Letter.
Appreciating the public interest In the
case. the Dispatch herewith presents the
stenograpl1ic report Of Major Anderson
answer to the rule and his request Tor
postponement, coupled with his reasons
for the request and also liberal quota
lions from Captain Wise in his response
to the request Of the Acknowledgements
and of the further procedure in the case.
Acknowledgement Anderson: If your
honor nlease- Mr.. Frank ". Christian
has been engaged by the State Board
of Canvassers, the respondents In these
proceedings, as their counsel; and. as IS
my official duty as the Attorney-Genera1
of the State of Virginia. I also appear
In behalf of the Commonwealth. our
appearance, however. is at the present (.
limited one, for the purpose merely OIL
Directing to the jurisdiction of the court,
and Of requesting that your honor VIII
enlarge the rule issued against the re-
spondents to show cause why a tern
porary restraining order should not be
awarded against them in each OF these
proceedings.
suits was received from the public press
while was in the city OF Danvlle, in
attendance on the United States Circuit
Court there in the tria! Of an important
case. in which it was my duty to repre-
sent the Commonwealth. I could not apan-
don that post Of duty and leave ina
court until that case was disposed OF.
It was not ended until Tuesday last. and
I Immediately returned to Richmond. My
first accurate information as to the CHAR
acter of these proceedings was obtained
on Tuesday evening; and not until Tues
day night did I have an opportunity 10
examine the petition filed IN the prom
bition suit and the bill filed III the
chancery suit. AS your honor has read
those peadings. it is unnecessary for me
to say anything as to the magnitude OF
the issues involved in these cases. or as
to the novel character of the great ques-
tons which are presented IN TINS Htlsa-
ton. And ! am sure your honor VIII
understand, as my brother (Mr. Wise),
the counsel for the petitioners in these
cases must understand the absolute i'm
possibility of making any adequate pre-
paration on behalf of the Commonwealth
to present the objections which 1t is
our duty to make, and which the case
we think justifes. against the awarding
of the restraining orders which are pray
ed for by the petitioners There are
some twenty-four or more pages OF print
ed matter in each, the bill and the pc
tition: and perhaps score or more OF
questions are raised, many of them OF
the first Importance.
COUNTRY AND FAIRNESS.
"Of course, I will not now undertake
to discuss or refer to the merits OF this
litigation; but / merely want to impress
upon the court and counsel the reason
ahleness and business OF the ground upon
which we ask an enlargement. l am
glad to know that there will be no dis
agreement at all between the counsel
for the petitioners and ourselves upon
this subject. With courtesy and fairness,
they have agreed that ample and salts
| factory time shall be given TO the Com
monwealth and her representatives to
show cause against the awarding OF these
injunction orders, upon the condition to
which the counsel for the respondents
assent that SO far as the action of the
respondents IS concerned nothing shall be
done by them during the interval which
will place the petitioners in a worse po-
sitiOn than they are al present.
1T is due to frankness that should
say. however, that the Board Of Can
vassers have had some intimation that
proceedings would be instituted In an
other tribunal. or applca ton made to
some other court or judge. either State
or Federal. tor a n1andamus to require
them to discharge their duty under the
statutes of Virginia and of the United
States. And this agreement is subject
to the contingency that such a mandamus
may be awarded by some other court OF
competent jurisdiction. In that event, it
is agreed by my colleague and myself
that we will give to the counsel for the
petitioners all the notice we can of such
proceedings. That is matter that the
respondents cannot control.
Now, it is best that should submit in
writing the entry of our limited appear
ance, which is for the purpose Of OBJ
jectng to the jurisdiction of the court.
First, I will say, however, that, upon
this process being served upon such mem
bers OF the Board Of Canvassers as were
in Richmond, on last Monday morning,
because the notice was served upon them
very late Saturday. perhaps Saturday
night, as I am inforned) the board held
an informal meeting and decided to re-
tain as their special counsel in this case
Mr.. Frank ". Christian, my collea que
They regretted to find that he was in New
York at the time. and te!egraphed him.
He came on to Richmond at once but
knew nothing concerning the subject UNI
til he arrived here on Tuesday morn
ing.
(The court here informed the Attor-
ney-General that the request OF the re-
spondents for an enlargement OF the ru!a
was most reasonable. and would be grant
ed)
THE CHIEF-JuSTIC-o
And now, if your honor, please. will
mention another matter to the court
When on Monday last, I for the first
time had any information as to the ex-
act character Of these proceedings, real
zng the magnitude and vast Importance
Of this litigation, and without any know
ledge as to what judge would probably
sit upon the hearing of the motion, l
deemed 1t my duty to communicate at
once with the Chief Justice of the United
States ard request that he would be
present. and sit upon the hearing of the
case. wrote to him at Washington,
TO which letter. however, I have as yet
received no response. do not know
that it has been delivered to him. To-day
the Clerk OF the United States Supreme
Court has been communicated with over
the telephone, and he does not know
whether the Chief Justice is in Wash
ington or not, but Is under the impression
that no is there. and will let us hear
later In the day.
This letter was written without any
knowledge as to who would sit in thu
case. have learned since that your
honor has also expressed a desire that
the Chief Justice would be present at
the hearing. and I hope very much It
will be your pleasure to unite with us
In the request that he wi II do 40.
III will now. read the formal motion
n