Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-20
] |. MAY CONE,
CHIEF JUSTICE INVITED TO SIT II
SUFFRAGE TEST CASE.
IT WILL BE CALLED TO-DAY.
Anderson Will BE
Assisted by Me.srs. Christian &
Christian-what the State viii I'M
dertake TO Showcase Attract.
Widespread Attention.
SUFFRAGE TEST CASE.
1T WILL BE CALLED TO-DAY.
Anderson Will Be
Widespread Attention.

| A case Of unusual interest will come VI
! in the United States Circuit Court OF Ap
peals at II A. NJ to-day, when argument
will be heard on an application for an IT.
! junction restraining the State Board OF
| CanvasserS from awarding certificates o
election to the Congressman elected on tn,
! fcurth day of November in and for the
| State Of Virginia.
! Chief Justice Fuller; of the United State:
Supreme Court, has been requested t.
come here to sit in the case. Attorney.
General Anderson is one Of those making
this request to which no reply had been
received last night
This is the proceeding Instituted by
James H. Hayes a negro lawyer of this
city. and John S. Wise, an attorney OF
New York, as counsel for William SeIden,
of this city, who allege that they nave
been deprived of the right to vote con-
trary to the laws of the United States
and of the State Of Virginia The case is
one made up by the negroes of Virginia
to test the constitutionality of the new
suffrage law Of the State drafted by the
new Constitution. Attorney General Will
liam A. Anderson will be present to re-
present the State of Virginia and will
be assisted in that function by the firm
OF Christian & Christian, of this city.
WHAT 1T MEANS.
While the action is brought in the name
OF the negroes mentioned, it is really
movement by the negroes OF Virginia,
who have subscribed money and employed
the attorneys named with a view to max
inf, a test Of the new Constitution and if
possible overthrowing 1t. AS far as the
procedure thus far had indicates, the
petitioners will seek to show that they
have been excluded from suffrage despite
the fact that they have property sufficient
to entitle them to vote. They also raise
question as to the legality of the pro-
clamation Of the new organic law, and
attack it generally.
In the argument the State will under
take to show the entire constitutionality
OF the new organic law, and the right OF
the convention to proclaim and promul-
sate the instrument It will be shown that
ir its language the Constitution is valid
ard In no way in contravention Of the
Constitution of the United States nor OF
the amendments thereto
Had THEIR REMEDY.
1t will be shown that the complainants
had their remedy, if they were unlawfully
refused registration, had they but chosen
to avail themselves of the same. 1t will
be admitted that were the applicant for
registration was refused registration when
he was entitled thereto under any OF the
clauses prescribing conditions therefor, the
fault was in the administration of the
constitutional provision and not in the
Constitution itself In order to show in
validity Of the Constitution, it must be
established that the instrument On its face
and by its express terms makes a discrini-
lEation On account Of race. color or pre-
vious condition OF servitude This it is
believed, cannot be shown. In the event
that the negroes bringing the action
prove their contention that they were ur-
lawfully refused registration, an act OF
maladministration only will have been
proved; it will in nowise affect the validity
of the Constitution itself
OF WIDESPREAD INTEREST.
The case will be watched with vide
spread interest Throughout the State and
the entire country, it beinG the first at
tempt to overthrow constitution prescrib-
ing educational, property, military service
or understanding tests as prerequisites to
suffrage. In order to affect the Constitll-
ton itself. it will be necessary for the
petitioners to show that it discriminates
against them in such way as to come
in conflict with and contravention of the
Federal Constitution and the fourteenth
thereto