Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-29
1T was not, and tried to show that omcers

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The court remarked that the writ Of
prohibition lies from one court to another.
ana that where it had been held that the
writ Of prohibition did lie against an
officer 1T would be against the man who
undertook to usurp authority of board
or an Office, and that the writ OF prohi-
bitlon would have to run against board
as board, and the only inference to
be drawn is that in the courts mind
this writ sued out against executive Of
fcers as board of officers Of the State
was suit against the State, and tina
court declared that the first thing to
be considered was the jurisdiction Of the
question.
THE JURISDICTION.
This seemed to.be the question on WEIGH
the answers Of the defendants hinged
and the question which the court felt
must first be decided, and Mr.. Wise
begged that time be allowed for arranging
his authorities. declaring that he was
worn out.
The court then. at $50 o'clock, took a
recess for an hour.
MR.. WISE RESUMES.
The court reassembled promptly at Z
O'clock, and MIR. Wise resumed the ar
mise that he would soon come to the
t there was any express authority for
Of 1852 Article XII, as having power
referped to an many the IT.
Eans case. and others. and declared the
Bill OF Rights is a mere mocksTy In the
on the Revised Statutes. section 62s, to
bring ii : his action in chancery He cited
| necessarily a suit against the State. and
rsadmittine, Virginia to. the Union was
that on which the jurisdiction of this
court re St; rne
He then addressed himself to the writ
lish law. on this subject and to the Amer
lean and English Encyclopedias, apollo
gzins for the use Of this at,er autG1 Fly
noses in it. But the question seemed
| issued, but whether it can be, issued BY
this court. The Chief Justice here asked
him;
not a body?'' and added that this is
the same board as was constituted under
tho old law.
election machinery, and said that ths
election machinery was here, but that
they have put a new cog into it. that
ferring to the Board of Canvassers), and
that it reminded him of a fish fertilizer
! mandatory from which he had just
l.
out good fertilizer. He said he did not
want to annoy the court with spelling s
app pie but the brsn Of this
tives of the machine; man. comes to
vote; then these three count the vote to
suit themselves; then the vote is sent
! to the county commissioners. where 1t
| the aggregate to the Secretary Of the
Commpnwath and /, ne calls the the p &c ar,
lated to suit himself Here is where my
THE HOUSE THE JUDGE.
f! The Chief Justice here remarked: The
| House is the judge of the qualifications
Of its own members. and there is no way
Of ignoring this fact
meal ne ' in n1n his house Sne He did not
the house. taken from over his head, and an.
! he wanted to protect the taX-paying cit-
| zens from the curtailment OF their loer-
| ties.
The court here remarked that the writ
another remedy.
Mr.: Wise apoleEized for reference to
the 2a an en9 said hat speech he was
! human: that when he saw head ne
liked to tap it. and he did see some
sticking up over the crowd Mr.. = Wise Sc
| does not exist until a certificate is issued,
| and this is what they desired to pre-
| vent.
Here Mr. Wise rested the case of the
plaintiffs. and Mr.. Christian began the
reply He spoke in most renar re u son
The whole utterances of Mr.: Christian
were clearly logical and convincing, ana
M b BY st 5rk aud hme
to the jurisdiction for. as learn.:d
Judge had said, jurisdiction always pre-
The first point in the answer was that
there was no jurisdiction in the equity
court, and that the suit against Viz
gina was contrary to the e ef mn
United States. That no court of equity
has jurisdiction. because, the question is is
merely governmenta ana pG h,1 al ed BGtV
can be sustained to attempt to pre-.
such political and governmental actions.
THEIR REMEDY.
He showed that the Constitution gave
the right to these citizens to apply to
Of appeal to the supreme Co. Gourt Of vir-
ants-William II. ,Anderson.-applied to
vote: and the books showed, that, only,
William A: Anderson was re registered: , and
| being many Andersons in the City Direc-
TO examine the reEi,tratlon books to see
that he was properly registered.
Suppose that they were without rem
edy.. he still maintained that this sui: suit
oue e net has bsen made the and fpe carried
against his vote is a mere consequence
Of the violation OF this right. and has no
right to step this bosrd to issue the
ENTITLED 70 TEN REPRESENTA-
TIVES.
Mr.. Christian laid great stress on the
fact that Virginia was entitled to ten
representa- tives in Congress, and If this
court could prevent temporarily the
granting of the certificate. it could pre-
vent its being granted permanently. and
thus it would be in the power of a single
Judge to change the political complexion
of Congress, and if Mr.. Wises,s conten.
ton were maintained the whole State OF
Virginia could be reconstructed and
given to the Republican party. Mr.
Christian clearly showed that the
suit against the officers in this case
was a suit against the State. and as
such could not be maintained. That
suit for damages to property rights
might be maintained by an individual
aud Mr.. Justice Miller had said in the
railroad company against the state IN q
case coming up from Texas. where The
right to the land was not mingled win
the other interests of the road that m
undertaking to enioin the registrar Oh
the Land Office from issuing land war
rants, the court goes to the verge OF the
doctrine and it must be extended no
further in actions against the State
pooR COMFORT.