The times. [volume] (Richmond, Va.) 1890-1903, 1902-11-23
JUSTICE fuller TO
Sit WITH WaDDILL
Case Against Constitution
Next Friday.
TO BE A GREAT BATTLE.
Hon. Cater Class May Seek
Mandamus.
BOARD TO O5EY.STATE COURT
Pretty Question VIII Arise Should Board
Be Ordered TO Is ue Certificates.
The. Body to Meet and Adj urn
o-Morrow-Grea Fight
is Exp cted-Wise
Conf1ent.
Hon. Cater Class May Seek.
TO OBEY STATE. C CURT.

The great contest In the courts. In
volving the validity of ViiGiniass new
Constitution. VIII begin before Chief Jus
tee Melville w. Fuller. of the United
States Supreme Court, sitting with Judge
t.l;nnnd Waddil, Jr., as the United
States Court for the Eastern District
Of Virginia in this city on Friday next
Attorney General Anderson returned
from Washington on Friday night. wha'',
flI went by agreement with Gapti';n
john s. Wise. opposing counsel, to ie-
Gunst Just ce Fuller to sit, and last night
Maiu- Anderson received teieg an
from the Chief Justice. saying he w".id
lie here and sit with Judge Naddiil ut
the trial. The battle promises to be tie
most Interesting fought out in this c tya
in years. for upon its q final decis. on NOT
only depends the fate of ViiGinia.s new
Organic law, but perhaps those of many
other southern States. In other words,
q graa. White race of brave and hon s.
i,ecelc strech ne over favored nelJs
from the Potomac to the. Rio Grsnie.
are watching and waiting and praying a
me,citul God to stay any hand shat
would cree more enshroud them in tho
glo,n and darkness OF negro suffra.e.
alt should the effort fail in. the case 4 o
be ,lie,. here next Friday, a sigh oe5.e-
itrf 1vcuie go up from one end - the
fair Southland to the other.
HOW IT COMES UP.
Inc case to be brought UP on Friday
is that of certain negroes in >his CITY.
VINO. are alleged Ito have been denied the
right OF registration unlawfulty. and their
riea through their counsel, CAPTAIN
Iohli S W.se. of New York. AM jas.
II.8I.-syes. a negro lawyer. of this CITY,
is ina the court shall enjoin the State
Boar. OF C4nyassers from proceed iiy on
MONDAY 10 count the#vote and AVA q
tn. cei tIficates@ of election to the ten
Gorgress n an chosen from Virginia on tile
itl d.;y Of November.
I;y85a. fccrnent of counsel on both sides.
reac,els here last week. the Sta.e Rad
OF Canvassers will not award the certi-
e:ttts pending the disposition Of tie
c.lsc uates IL the meanwhile 5sonla otter
tfihiuai@ shall by mandamus compel the
Il G. nbe-s OF the board so to do. The
members Will hold formal meeting to-.
nIelaoN and viii likely adjourn from oay
to ,i,y Until there shall haEa .;t..n s>,.,,-
al it..t ,nc.l; of the matter. Eut here a
n,es e,,ss..;.on Is likely To arlsa ! IS e.
together likely that in the State surteme
C5,.rt8 one day this Week action VIII re
bi.,ii.lst against the board by malulan.sis.
cCmI.,arg them to count the vote ard
rs .
aw.rl he certificates.
WILL BE OBEYED.
i this event it is believed that the
mandate of the State Court Will be obey
ed. though counsel FOR the board and
for the. state Acknowledgement Ander-.
son#and Mr.. Frank w. Christian. are I'M.
der agreement not to proceed until Cap
tain Wise shall have had notice and been
allowed his day in court.
Tits believed here that r7anf!a mus mr.
sceedings to this end will almost surely
Glass, of Lynchbur,, whose term 4ex pires
With the meeting of the House OF
Representatives on December 1st. he hav-
ing been chosen to fill out the unaxpired
term of the late Major P. j. Otey as
we'll as for the fun term of two years
from March 4. 1908.
If Mr.. Glass shall fully decide to take
this step. as he now thinks he will. the
issue will be a pretty one. and the board
may be counted upon to follow the State
Court.
TO BE "A GREAT BATTLE.
] f the fight shall not&bel directed in this
way and shall come n8the United States
Court on Friday, a battle royal is ex-
.Iected. Captain Wise is full of fight and
declares he will struggle for his clients
tn the bitter#end. The able attorneys for
the State will not back one inch but
viii contest every point with opposing
counsel. with hope of victory. The latter
VIII plead to the Jurisdiction of the Fed
e,al Court and will deny its right@to in
terfere with the conduct and results of
State elections.
\ great crowd of anxious spectators are
expected to witness the trial. and doubt
less large number of lawyers and poll
ticianS will be on hand.