The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-12-02

IIchmond, Va, November Z9.-l ne
argument in the proceeding of Mr..
John S. Wise to invalidate the new
Virginia constitution was resumed in
the United States circuit court here
this morning, Chief Justice Fuller sit
ting with Judge Waddill. Attorney
General Anderson spoke for the COM
monwealth, addressing himself largely
to the point raised by complainants,
that the state was barred from re-
stricting the suffra sc as it had done
by the reconstructior act. He was fol-
lowed by James Eayes, colored, Of
counsel for the ,omplainants, who
made a strong pie. tor the rights of
his race. This afl moon, the court
dismissed both sui. : on the ground
that it had no juris :ction, 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 su-
preIne court.
The state board of canvassers met
Immediately after the adjournment of
the United States court this afternoon,
and awarded certificates to the ten
congressman recently elected, includ-
ing Campbell Slemp, republican.
The decree OF the circuit court of the
United States in the proceeding to test
the Virginia constitution as announced
by Chief Justice Fuller, is as follows:
"1n the circuit court of the United
States for the eastern district OF Vir-
ginia.
William H. Jones ct ais. VS.. Andrew
J. Montague, governor of Virginia, and
others, constituting the board of state
canvassers.
..Applica ton for prohibition, prohib-
iung defendants from canvassing re-
turns of the election held November
1, 1902, for representatives in congress.
or proceeding to act on the same, and
for preliminary order suspending pro-
ceedings on the part of the state board
of canvassers. The rule heretofore en-
tered herein is discharged, and pre-
hminary order denied. This for want
of Jurisdiction. The writ is not sought
| in aid of jurisdiction already acquired:
nor does it appear that there is 40
other remedy.
1.-THE proceeding, in effect, against
| the commonwealth, which is not in anv
| view an indispensable party. and can
not be made such: and the matter be-
ing political. cannot be disposed of in
| such a proceeding.
| Judge Waddill, who sat with the
| chief Justice, concur-ed in the decree
/
| as follows:
| In the circuit court of the United
! States for the eastern district of Vir-
| ginia.
| William II. Jones, ct ais. VS.. An
| drew ]. Montague, governor of Vir-
ginia, and others, constituting tbs
| hoard of state canvassers.
| William s. Selden, ct ais. VS.. An
drew ]. Montague, governor of Vir-
ginia, and others. constituting the
| board of state canvaSsers.
believing. under the decision of the
| courts of the United States, by whict
| this court is, and should be, governed
that neither of the actions now before
the court can be maintained l, for thai
reason concur in the result arrived al
| by the chief justice, dismissing ths
same, and may hereafter file a briei
memorandum ir writing, embodyins
my VieNs.
1T is, in frankness. due, however
that I should say that while 1 believe
| that this is the law, as settled by de-
| cisiOnS it does not entirely embOdy
my personal views as to what that
law ought to be. l can but believe
that as to rights arising under an(
| guaranteed to the citizen by the con
stitutfon and laws of the United State:
injuriously affecting one hundred thou
sand people. whether respecting thei
property OF their personal or politica
| rights, and particularly the two latte'
classes, tha they ought to be given
day in cou:., afforded an opportunit,
for a full ID speedy hearing; and Z
that END, hat technicalities, form
and cerem es should, in large meas
ure. be dis ansed with, speedy justic
| afforded. an,i the rights Of the respe,.
tive parties litigant ascertained.
|