The Birmingham age-herald., 1902-11-30
J. s. Court Has No JurisdIc-
 tiOn in Virginia Case
TWO DECISIONS RENDERED
Chief Justice Fuller Says Proceeding Should Not Have Been Brought Against state--Judge Wad-
 diIl's Separate Opinion.

Richmond, Va. November 2s.-The ar gument in the proceedings of John &. Wise to invalidate the new Virginia con- stitution was resumed in the United States circuit court here this morning. Chief Justice Melville W. Fuller sitting with Judge Waddill.
 Attorney General Anderson spoke for the commonwealth. addressing himself largely to the point raised by complain ants that the state was barred from re- structing the suffrage as it had done by the reconstruction act. He was followed by James Hays, colored, of counsel for complainants. 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 juris- diction. the actions being against the state An appeal will be taken.
 All the questions of the chief justice in- dicated that virtually every contention raised by complainants had been passed upon adversely by the supreme court. The Decree.
 The decree of the circuit court of the United States in the proceedings to test the Virginia constitution, as announced by Chief Justice Fuller, is as follows: 'In the Circuit Court of the United States
 for the Eastern District of Virginia.
 William H. Jones, ct al. No 1759. In
 Prohibition. Andrew J. Montague. Gov
 ernor of Virginia and Others, Consttu-
 ting the Board of State Canvassers.
 Application for prohibition. prohibiting defendants from canvassing returns of the election. held November 4. 1902, for representatives in congress, or proceeding to act on the same, and for preliminary order suspending proceedings on the part of the state board of canvassers. The rlue heretofore entered herein is discharged and preliminary order denied. This for want of jurisdiction. The writ is not sought in aid of jurisdiction already ac- quired; nor does 1t appear that there Is no other remedy.
 .'The proceeding in effect against the commonwealth, which is not in any view an indispensable party, and cannot be made such; and the matter being political cannot be disposed of in such proceed ing"
 Judge waddill. who sat with the chief Justice, cOncuTTeQ III LH6 oSCiCCs Doe 0c- livered an opinion of his own as fol- lows:
 Separate Opinion.
 "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, l. for that reason, concur in the result arrived at by the chief justice dismissing the same. and may hereafter file a brief memoran- dun in writing, embodying my views.
 "It is, in frankness, due, however. that I should say that while I believe that this Is the law, as settled by decisions, it does not entirely embody my personal views as to what that law ought to be. I can but believe that, as to rights aris- ing under and guaranteed to the citizen by the constitution and laws of the Uni ted States, injuriously affecting one hundred thousand people, whether re- specting their property or their personal or political rights. and particularly the two latter classes, that they ought to be given a day in court, afforded an opls,r. tunity for full and speedy hearing. and to that end, that technicalities. forms and ceremonies should, in large meas ures, be dispensed with. speedy justice afforded. and the rights of the respec- tive parties litigant ascertained."