Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-05
The State Wins,

| Chief Justice Fuller IN RlcnmOnO
late Saturday night delivered bis opln
ion in the mandamus proceedings
brought by Capt John s. Wise. in be
half of several non registered colored
voters, to test the validity of the new
constitution of Virginia. sustaining
the States contention that the federal
court had no jurisdiction. The Chief
Justice denied both the writ of prOhi
bition to stop the State board of can.
vassefs from capvassing the returns
from the recent election for members
| of Congress and for an Injunction re
| training both the board of car vassers
and the secretary of the Common
wealth from issuing certificates of cleo
ton to the Copgres5men chosen. The
want of Jurisdiction Was the ground
| upon which both orders were based
either as federal court case or one IN
| court of equity. The decision was
not a surprise; indeed, it had been ex
pected ever since Captain Wise's first
| speech.
The decree of the court, as annOunc-
ed by Chief ustice Fuller, is as fol-
lows:
Application for prohibition, prohi
biting defendants from canvassing re-
turns of the election held November A,
1902 for Representatives in Congress-,
or proceeding to act on the same, and
for preliminary order suspending pro
ceediDgs on the part of the State board
of canVassers. The rule heretofore ell
tered therein is discharged and pre-
liminary order denied. This for want
of jurisdiction. The writ is not sought
in aid of jurisdiction already acquired;
nor does it appear that there is no 9TH
er remedy.
The proceeding, in effect, against the
Commonwealth, which is not in any
view an indispensable party and CAN
not be made such, and the matter be-
ing political, cannot be disposed of in
such a proceeding.
District Judge Waddill. who sat
with the Chief Justice. concurred in
this opinion, but added:
1T is in frankness due that l should
say that while l believe that this is
does not entirely embOdy my personal
views as to what that law ought to be.
l can but believe that as to rights aris-
ing under and guaranteed to the cltl
zen by the Constitution and laws OF
the United States. injuriously affect
ing one hundred thousand people,
whether respecting their property, their
personal or political rights, and parti
cularIy the two latter classes, that they
ought to be given day in court. af-
fOrded an opportunity for full and a
speedy hearing, and to that end that
technicalities, forms and ceremonies
should in large measures be dispensed
with, speedy justice effected and the
rights of the respective parties litigant
The decision was rendered late on
Saturday evening, and in less than an
hour the State board of canvassers had
issued the certificates of election to the
Congressman, including that to Mr..
Carter Glass, who took his seat on
Monday for the first time as the sue
cessor of Maj Peter j. Otey, of the
Sixth district.
THEIR ONLY FRIEND.
Capt. Wise says he he will push the
case to the bitter end, and, besides
taking an appeal to the Supreme
Court, will at once institute in various
sections of the State the proposed S.
900 damage suits against members of
VIC SOaSChUlOhs UAC
governor, and other members of the |
State board of canvassers. He will
seek to prevent Mr.. Glass taking the
oath by asking some republican MEM
Der of the House to move to refer his |
credentials to committee for investi |
cation and not allow him to be sworn
in. Capt. Wise left for Washington
night. He said: 1.-The re-
publican party has no backbone; Meth
er the President nor any of the lead
ers Care rap for the negro. Mr.. Rooes-
welt will invite Booker Washington to
dine with him, but if ascore of negroes
are shot down within sight of the White
House, he will not raise his hand to
bring the guilty ones tojustice. l am
the only friend the negro has left, and
I will keep up the battle for his rights
as long as there is ray of hope. While
we were fighting to perpetuate slavery.
the negroes were defending our wives
and homes"