Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1902-12-03

government to which they ha
worn allegiance. Inc c.ecutly,
the Legislature and others cor
nected with the State had, h
said, betrayed the Constitution
had raised a strange flag and wer
sailing under false colors. The
were bound, he claimed, under tn
Underwood Constitution, and b
having thus plighted her faitl
Virginia resumed her place in tn
Union. To get rid of that, he sal,
a vote of the people was absolutel,
necessary, and that could only b.
had by submission of new Con
stitution for ratification.
Mr.. Wise referred to the iourna
of the Convention and argued tina
its proceedings did not conform t.
the charter under which it was
formed. He made a point out Of
the members refusing to take al
oath upon the opening Of the con.
vention. He declared the Board OF
Registrars were not duly qualified,
and could therefore not act.
When the case was begun the
question of jurisdiction would have
been decided at the start, but Mr..
Wise not only argued that ques-
ton, but entered at length into
the legality of the Convention, and
whether it had the right to pro-
claim its work without submitting
it to the vote of the people of the
State. He also raised the point
that if the Constitution was
illegal, no election could be legally
held in the State under it, and if
one was held certificates of election
could not be awarded to Congress
men thus elected. All of these
matters were gone into at great
length by him.
When he had closed Mr.. Frank
W. Christian, who is associated
with Acknowledgement William A.
Anderson, opened for the respon-
dents by answering all of the
and arguments Of Mr..
Wise, and citing many decisions of
Federal as well as State courts on
all of the matters relied upon by
5he petitioners. Mr.. Christian
made a great argument, and secured |
he very closest attention from
chief Justice Fuller and Judge |
Vaddill.
AT IL o'clock Friday night the
jourt adjourned until II O'Clock
saturday N corning when Attorney
General Anderson concluded for
he State and Mr.. Wise replied.
DEFENSE OF VIRGINIA.
When the Court reconvened at
0 O'Clock Saturday morning, there
as a big crowd of spectators on
and. Mrs. William A. Anderson
as present to hear her distin-
lished husband. Mr.. Anderson {
ldressed himself largely to the {
)int raised by complainants that
lie State was barred from restrict
G the suffrage, as it had done, by
lie reconstruction acts.
He said he was not unmindful
the responsibility placed upon =
m which he appeared Ito defend =
great State which had been !
raigned as criminal and
nspirator. He referred to Cap
in Wise's speech as a political =
.rangue. He would answer b
lily and frankly the TRADE and
just indictment of his State and =
ople, but would pass to a higher L
ew of the case as soon as possible. y .,
raped his opponent sharply N
his arraignment of the people y
his native State and said it was y
e most unwarranted and in .
cusable attack he had ever heard N
a court of justice.
He denied the jurisdiction of !,
e court in the matter and said it u
s principle of parliamentary
v as ancient and honorable as u
rliaments themselves, that they a.
me are the sole judges of the AZ
and election of their %
n members. 1t would clearly be
infringement upon their rights ?,
Congress by the judiciary, he &c
d, should the court take iuris- al
tion in the case.
dc characterized Captain Wise's q "a
tement that the position of %
'ginia in the Union was inferior 80
that of any of her sisters as a GO GO
official heresy," and he delved .,
vn deep into the organic 81
'stion relating to the rights Of
tate under the Federal Govern LIT
MT. wa
lie shook his finger in the face De
captain Wise and characterized
as the most daring and reck- .
forensic mariner who had ever oil
feared upon the legal seas of "
ginia, and said that his con-
tons were the most remarkable HI
,Wn To the cOurts to,