Richmond planet., 1902-12-06
MR. HlSE'S EFFORT.
BRILLIANT FIGHT BE
FORE JUDGES-THE
ISSUES PLAINLY
STATED.
Chief-Justice Speaks Plainly.
No Hope Before the Tri-
bunal.
Appealed to the Supreme Court.

Appealed to the Supreme Court.
Much interes was occasioned by the
sensational application in the United
States Circuit Court sitting in this CITY
for writ of prohibition restraining
the Board of Cenvsssers of the state Of
Virginia from canvassing the vote for
congressman in the election held under
the new Constitution.
Hon. John S. Wise had been hunt
ing on the Eastern Shore and owing 10
a storm prevailing, the steamer IVES
delayed. He sailed across the bay iu a
sailing vessel snd chartered n spa,laI
train to bring him TO this city in time
Tor the argument, the regular one hav-
ing left some time before his arrival at
Old Point.
Chief Justice Melville w. Fuller and
His Honor, Judge Edmund Waddil Jr
presided. His Honor Judge Nathan
Gof was absent. Court opened at 3 so
p. M Friday, the 2sth ult His Honor
Chief Justice Fuller ascended the bench
followed by his associate.
The Commonwealth was represepted
by Attorney General w A Anderson
assisted by Frank w. Christian. ESQ.
The petitioners were represented by
Hon. John :. Wise of New York and
James III. Hayes, Esq. of this city MANY
prominent persons We're present. The
remarkable feature of the affair was the
open and pronounced hostility of the
OlsiefS& usGlcetO Cne-Nvhoie anstfr 4 fYe'
surprising part too was the unqualified
concurrence OF Judge Edmund Waddill,
Jr. with the legal opinion of the Chief
Justice.
He virtually said that the counsel for
the petitioners had erred in bringing the
case into the United States Court as
that tribunal was without jurisdiction.
Mr. Wise noted and appeal and the case
goes TO the Supreme Court of the United
States although it was mildly hinted
that counsel had taken 70 steps TO per
feet the appeal.
Mr.. Wise threatened TO lay the matter
before congress and did do so on last
Monday. The matter was referred to
Election Committee, number I and ir
reported unanimously in favor of Mr..
Glass. alleging that the session was too
short in which to pass ubon such q mo-
mentous question.
The following from the Dispatch ex-
plains itself
Mr.. Wise then began, in a weak.
husky voice that grew strong and reson-
ant as ne proceeded with rhetoric and
invective worthy of a better cause TO
lash the people of his native State for
their alleged misdoings
He looked in rotund and portly person
age, as he mopped his perspirinS brow,
like the immortal Mr.. Pickwick, and
certainly, when his flights of fancy were
from time TO time, and not infreu uently
interrupted by the sharp legal thrus of
the court put in the shape of appeals
for information on points evidently
rendered obscure by the redundance of
the figures of speech in which the brill
liant lawyer clothed his argument, he
10 oY-tI
asDicken's hero writhing in the clutch
es of the learned Sergeant Buzfu7, in
the celebrated case of Bardell VS.. Pick
wick.
A BRILLIANT SCENE.
The scene which ensued was one not
unworthy Of the occasion. The orator
had theme which was not wanting in
its show of merit and justice from the
standpoint of the Pariah race for whom
1t was ostensibly made. and he handled
1t in large, expansive manner, and
with vigor of personal and political
invective which evoked frequent de-
monstrations of unaccustomed applause
In such place from dark lines of his
sympathies among the audience that
not even the peremptory voice of the
court officer commanding "Order in the
court" could entirely repress.
The orator, from time to time, lashed
the Virginia leaders by name with
scathing sarcasm and ridicule, until the
Chief Justice finally INTERRUPTED him
by suggesting that this was a court of
law engaged in the consideration of
grave legal and constitutional questions
in which such personal allusions We're
irrelevant and out of place, and asked
him to confine himself to the argument.
Mr.. Wise offered due apologies, and
promised to eliminate the argumentum
adhominem in future, but he failed 60
keep his word entirely, resorting to
his favorite weapon occasionally, in
spite of himself, though without using
names.
FLAT ADMISSION
He said that this was not a contest
OF rival government, and admitted
that every official named in the suit
was duly authorized officer of the
State government.
He claimed that an organized con-
spiracy had been entered into by the
regularly constituted officers of the
State to supplant the chart of govern
ment to which Ethey had sworn allegi-
ance
The executive, legislative, and other
branches Of the government had betray-
ed the constitution they had sworn TO
uphold, had raised q strange flag and