Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-21
Hearing Postponed One Week; No
Ccrtincntcs to De Issued.
CHIEF JUSTICE FULLER TO SIT.

"Is the Constitution constitutional, is
,be question now pending determination
before the United States Circu''
Court rs Hon. John S. Wise
Of New York. expressed it yes
,erday in Court. The State OF var
ginia. by its Attorney-General and asso-
ciated counsel, were present TO enter d
limited appearance and object to the jur-
isdiction of the court
1t was the purpose, further. OF the
state TO ask that the rule issued against
No r,oa,d of Canvassers of the State
he continued and enlarged, until some
not distant date to be agreed on. lhe
continuance was agreed upon, ana fi'-
day. November 2Sth, was set as the oaS
for arguing the questions of jurisdiction
o,,d ;,,innction. That ended the proceed
ing yesterday.
contain Wise and J. H. Hayes, negro
lawyer of this city. as counsei 1or Ger
tain negro clients, last Saturday at NOT
folk had applied to Judge Wadolii' IN
the United States Circuit Court, lot
rule requiring the State Board Oh can
yassers TO show cause why te'hpoi a'
That rule was made Teturnahle IN inns
CITY Yesterday, and in answer thereto
the proceedings of yesterday, Whicn
e,ro,,nted to little more than request
for postponement and plea Tor no Jui
isdjctiou. entered by the State, We're hao.
There being no objection from any source
to the request for postponenleh'' anu
that date being mutually agreeable. Judge
NaCdiIl deferred further hearing OF tne
matter ,,n;;I next Friday, or one week
from to-day.
Award No Certificates.
The effect of the agreement entered
into by counsel on both sides will be
m REQUIRE the State Board of Canvassers
10 defer from to-day the canvass or lHe
returns and the award OF ceTu'icateS o.
election TO the congreSSmen-e!ect, unti'
the action now pending shah nave oeeh
concluded 1t is expected that the near
ing OF the case will have been con-
Guided by Saturday night, November 29th,
and that All opinion will be handed down.
either dissovinS or perpetuatina the tenn
porary injunction now In force. fossl-
bly, the proceeding may be concluded III
this tribunal even earlier thai, that time,
as it would be in the event that the cour:
sustain the objection by the State to the
jurisdiction of the court.
Cjlief-Justice Melville ". Fuller. OF
the United States Supreme Court. is eN-
pected. and desired by counsel for both
sides, TO be present and preside over the
court in this very important case At
torney-G General Anderson has not only
written him asking him TO preside. but
yesterday went to Washington to see him
in person and urge his attendance. The
date agreed on was fixed in the eSpec-
tation that he may then be present
Most Directly Concerned.
The gentleman most directly concerned
in The case is Congressman-elect Carter
Glass of IynchbuTg. who was chosen
not only for the full term beginning
March 4th next. but for the uneSpired
term of the late Peter j. Otey, his pred,
ecessor. In the event that an opinion
has not been handed down prior to the
time of the assembling of Congress early
in December, he will be unable to take
his seat as a member of that body. Mr..
Glass was conferring yesterday with
Messrs Anderson and Christian as TO
what remedy he would have and what
would be the proper procedure In that
event. There is some doubt on that point,
and indeed. il is not at all certain that
he will have any, but must submit to
judicial determination of the questions
raised.
Mr. Wise. in his opening statement,
outlining somewhat his position and con-
tcntion, stated that he questioneu the right
of the cODNeNtlON TO Gr0II d .IOESlilu-
ton, for the reason that no oath had been
taken and the work of men thus unsworn
was, in his view. null and void. The
convention he contends. had no right to
ordain. and the Governor had no right
to proclaim. Their action, he asserted
was ultra wires in ordainins laws de-
strovins existing rights of citizens For
these and other reasons he attacked the
validity of the instrument, root and
branch. insisting that the action of the
convention was null, void. ultra wires,
and of no effect. He asserted-and In
this he will hardly be disputed-that If
his contention was sustained in toto II
must result In a political revolution in
the political machinery of the State
An Official Summary.
The following statement of yesterdays
procedure In the court was dictated to a
Dispatch reporter by Acknowledgement
Anderson and approved by the associate
counsel, Mr.. Frank w. Christian, OF
Christian & Christian. of this city:
Mr.. Christian and the attorney-general
on behalf of the State Board Of Canva ss-
ers entered limited appearance for the
purpose of objecting to the jurisdiction
of the court and asking that the rule
awarded against the defendants requiring
CONTINUED ON PAGE TWO)
Mr. Dohcrty Here With Bride.