The Savannah morning news., 1902-11-30
HAS NO JURISDICTION.
Circuit Court Dismissed the Virginia
Negroes Cases.

Richmond, Va, Nov. 29.-The argu-
ment in the proceeding of John S.
Wise to invalidate the new Virginia
constitution was resumed in the Unit
ed States Circuit Court here this MORN
ing, Chief Justice Fuller sitting with
Judge Waddill.
Attorney General Anderson spoke for
the COMMONWEALTH, addressing himself
largely to the point raised by cNl-
plainants that the state was barred
from restricting the suffrage as it had
done by the reconstruction acts. He
was followed by James Hayes, col
ored, of counsel for compliments, who
made a strong plea for the rights of
his race. This afternoon the court
dismissed both suits on the ground
that it had no jurisdiction, the actions
being against the state. An appeal
will be taken.
All the questions of the Chief JUS
tice indicated that virtually every con-
tention raised by complainants had
been passed upon adversely by the SUI
preme Court.
The decree of the court, as announced
by Chief Justice Fuller, is as follows:
'In the Circuit Court of the United
States for the Eastern District of Vir-
ginia; William II. Jones ct ais. VS.. No.
1859. In prohibition: Andrew j. Mon
tague Governor of Virginia, and 9TH
ers, constituting the Board of State
CanvaSSerS.
Application for prohibition. prohib-
iting defendants from canvassing re-
turns of the election held Nov A, 1902,
for representatives in Congress, or pro-
ceeding to act on the same, and for pre-
liminary order suspending proceedings
on the part of the State Board of Can
vassers The rule heretofore entered
herein is discharged, and preliminary
order denied. This for want of juris-
diction The writ is not sought in aid
of jurisdiction already acquired; nor
does it appear that there is no other
remedy.
THE proceeding, in effect, against
the commonwealth, which is not in any
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, concurred in the decree,
but delivered an opinion of his own,
as follows:
I'm the Circuit Court of the United
States for the Eastern District of Vir-
ginia; William Fl. Jones ct ais. VS.. No.
1759. In Prohibition: Andrew ]. Mon
tague, Governor of Virginia, and 9TH
ers, constituting the Board of State
Canvassers William S. Selden ct ais.
VS.. No. 538. In equity;
Andrew j. Montague, Governor of
Virginia, and others, constituting the
| Board of State Canvassers.
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, !, for that
reason, concur in the result arrived al
| by the Chief Justice, dismissing the
same, and may hereafter file a briei
| memorandum in writing, embodyine
| my views.
1T is, in frankness, due, however
| that l should say that while / believe
| this is the law, as settled by decisions
it does not entirely embody my per-
sonal views as TO what that law ought
to be. 1 can but believe that as to
rights arising under and guaranteed to
the citizen by the constitution and laws
of the United States, injuriously af-
fecting 100000 people, whether respect
ing their propertyo or their personal or
political rights, and particularly the
two latter classes, they ought to be
given n day in court, afforded an OPP
portunity for a full and speedy hear
ing; and to that end, that technicali-
ties, forms and ceremonies, should, in
large measure, be dispensed with.
speedy justice afforded, and the rights
of the respective parties litigant as
certained."