Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-22
TRAINERS NOT AFRA| D.
RESULT OF SUFFRAGE TEST PRO-
CEEDINGs ANTICIPATED.
ACK OF JURISDICTION.
Believed That the Court VIII Dis
miss the Matter on That Ground.
Chief Justice Fuller Now Consider
ing Invitation to Sit in the Case.

Attorney General William A Anderson
had not returned from Washington at a
late hour last evening His mission there
was to see Chief Justice Fuller and If
possible secure him to preside over the
Circuit Court here next Friday. when the
injunction proceeding by certain negro
voters designed to restrain the State
Board of Canvassers from canvassing the
vote in the recent election for Congress.
will come up. It is expected that
the Chief Justice will be here
and preside over the court. Infor-
nation from Washington last night was
to the effect that the Chief Justice had
received the invitation to so to Richmond
and that he had the matter under con-
sideraton, but had not yeti announced
his determination in the matter, If indeed
he has reached one. The impression pre-
walls there that if no other engagements
conflict he will attend the hearing Of the
Virginia case.
IT'S IMPORTANCE.
The Importance Of the case is recog-
nized everywhere, not only in its bear
ing upon this State, but likewise upon
several other Southern States. It is be-
lieved that if the Virginia Constitution
were overthrown it would mean an inn
mediate assault upon the Constitutions of
all the Southern States, which have SINH
lar suffrage clauses. While there is gene
raj interest in this city concerning the
procedure and the outcome Of the case.
there are buufew who anticipate that the
validity of the Constitution will be men
aced seriously by this proceeding. In
deed, the general opinion among both
lawyers and laymen is that the injunc-
ton proceeding will not reach a stage
where it Will be necessary to pass upon
the validity Of the new organic law. 1t
is expected that it will end with the de-
cision of the question of jurisdiction, for
this is the first point to be fought out.
Sound lawyers of this city are convinced
that the court has no jurisdiction in
this case.
BEAR CLOSEST SCRUTINY.
In the event that the case were entered
into on its merits there is no fear on
the part of the trainers Of the instrument
that it will not bear the closest scrutiny.
In order to invaidate the organic law it
will be necessary to show that ordaining
and proclaiming the instrument was be-
You'd the province of the convention; or
that the law makes discrimination on ac-
count of color, race, or previous condition
Of servitude in it's express terms. This,
the trainers of the Constitution are conf
dent cannot be done. The Constitution
was drawn with great care and modelled
on others which have stood the severest
judicial scrutiny. The utmost care was
observed in SO drawing the suffrage clause
that it should be on the safe side and no.
where encroach on the Fifteenth Amend
ment Some Of the ablest lawyers in the
world were quoted in support Of the en-
tire copstitutionalty of the article. In
order to avoid ever verging upon contra
vention Of the Federal Constitution it was
decided not to embrace grandfather
ella use In its stead mllltary-SerVlce
clause was drafted and adopted. based
on those that have stood the test. Prop
erty, educa ton, and n1iltary-serv1ce are
the alternative conditions of suffrage. IN
the provision Of the alternative Itself
safeguard was had against hostile judi
cial Interpretation.
No Importance is attached to the issue
raised as to the right of the convention
to ordain and Of the Governor to proclaim.
If that right were denied several Of the
State Constitutions would be overthrown
and chaos in government would result.
That is the opinion of some of the ablest
lawyers in the State.
DECIDE PARTICULAR CASES.
In the event that the question OF the
validity Of the Constitution IS gone into,
the impression is general among the mem
verse decision in the pending cases could
have no other effect than TO decide the
individual cases on which the suit is
brought Even If it were established that
the plaintiffs in this proceeding We're I'M
lawfully deprived of their rights as c1tl-
zcns. It would hut prove5t that the Constl-
tuticn had net been justly and fairly adj
ministered, and not that 1t is not perfect"
~ valid when administered according TO
its express terms,
The case will come up next Friday, and
in the event that Chief Justice Fuller
cannot preside, it is expected that the
senior judge of the circuit, Hon. {. Fl.
simonton, Of South Carolina, may do So
Judge Wadlill indicated Il preference that
he should preside. If the Chief Justice
cannot 40 so. II is believed that the State
would prefer him to Judge Gof1,5 OF West
Virginia. but It would prefer Chief JUS
tice Fuller to- any one, for an opinion
from him would carry With 1t the weight
of; the highest judicial authority.
REFER TO DISPATCH FILES.
During thes argument Of the case FREE
quent accessswili be had by both sides to
;cop al ia