The Montgomery advertiser., 1902-11-30

 WISE CASE I
 DISMISSED United States Court Lacks Jurisdiction. l FULLER RENDERS OPINION Refuses the Application For Prohibition. Chief Justice's Questions Indicate That Matter in All Its Phases Has Been Passed On by Su-
 preme Court.
FULLER RENDERS OPINION

Richmond. Va, Nov. 29.-The argument in the proceedings of John s. Wise to invalidate the new Virginia Constitutioh was resumed in the United States Circuit Court here this morning, Chief Justice Melville W. Fuller sitting with Juose Waddill.
 Atttorney General Anderson spoke for the commonwealth, addressing himself largely to the point raised by complain ants that the State was barred from re- stricting the suffrage as 1t had done by the reconstruction acts. He was followed by James Hayes, colored. of counsel TOT complainants, who made plea for the rights of his race.
 This afternoon the court dismissed both suits on the ground that 1t had no Juris- diction, the actions being against the State. An appeal will be taken.
 All the questions of the Chief Justice indicated that virtually every contention raised by complainants had been passed upon adversely by the Supreme Court
 The decree of the Circuit Court Of the United States in the proceedings to test the Virginia Constitution as announced by Chief Justice Fuller is as follows:
 Opinion of Fuller.
 Tn the Circuit Court of the United States for the Eastern District of Vir- ginia.
 william H. Jones ct aL No. 17Ss. In prohibition vs.
 Andrew J. Montague, Governor of Virginia and others, constituting the Board of State Canvassers.
 Application for prohibition, prohibiting defendants from canvassing returns of the election held November f. 1902, for Representatives in Congress. or proceed ing to act on the same, and for prelimi- nary order sisrendihy proceedings on the part of the State Board of Canvassers' Ths,, rule heretofore entered herein Is discharged. and preliminary order de- nied. This for want of Jurisdiction. The writ is not sought in aid of Jurisdiction already acdQired. nor does It appear that there is no ether remedy. Ss,r
 The proceeding is in effect against the commonwealth. wh1cn is not in any, view an indispensable party and cannot be disposed of in such a proceeding"
 Judge Waddill, who satNwith the Chief Justice concurred in the decree. but de- livcred an opinion of his own as fol- lows:
 Judge waddill's Opinion.
 "In the Circuit Court of the United States, for the Eastern District of Vir- Einia.
 NO. l75s. Tn prohibition:
 William H. Jones ct al. vs. Andrew J. Montague, Governor of Virginia and others. constituting the Board of State Canvassers.
 No, 53s. In equity:
 "William s. Selden ct al vs. Andrew J. Montague. Governor of Virginia and oth- CTS. constituting the Board of State Can- Vassers.
 Believing, under the decisions of the courts of the United States by which this court is and should be governed. that neither of the actions now before the Court can be maintained. I, for that reason, concur in the result arrived at by the Chief Justice, dismissing the same. and may hereafter file a brief memoran- dunn in writing. embodying my views.
 Tt is, in frankness, due however that I should say that while believe that this is the law as settled by decisions, 1t does not entirely embody my personal views as to what that law ought to be. I can but believe that as to rights aris- ing under and guaranteed to the citizen by the Constitution and tws of the Uni ted States. injuriously affecting one hum dred thousand people, whether respect ing their property or their personal or rolitical rights, and particularly the two latter classes, that they ought to be given a day in court. afforded an oppor- tunity for full and speedy hearing: and to that end that technicalities and cere- monies in large measure be dispensed with, speedy justice afforded and their rights of the respective parties Itigant ascertained."