Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-21
VIRGINIA AND THE Z. S. COURT.

The case OF the State Board of Can
vassers before Judge waddill, sitting in
the United States Circuit Court. was on
Yesterday continued until the 18th instant
II is hoped that Chief-Justice Fuller
will then be here to preside. He has beer
urged 10 come by. Acknowledgement An
6erson That too is the wish OF Judge
waddin and Mr.. John S. Wise. the latter
the counsel for the petitioners. who. in
this case seek to test before the Federal
courts the validity Of the new Constitu-
ton of Virginia.
The appearance of the Board Of Can
rassers were limited They were there
by counsel: not in person. They waived
no rights. They objected to juris-
diction; but having been put upon short
aotice they wished time to consider. Mean
while it is agreed that the board will not
grant any certificates of election. That
is to say. they Will not do SO except upon
the mandate of some court, State or Fed
sral. And in the event Of any such
movement they are under obligations to
give due notice to petitioners counsel.
II will be remembered tnat Mr. Glass
was elected not only for the fun term be-
ginning on the 4tt CT March next, but for
t,1e uncxpired term ofrMaior Otey. and in
order to discharge the duty thus imposed
upon him he should be in his seat on the
first Monday in December.
Unless the proceedings before Judge
may not be able to take his seat as the
successor of Major Otey on December 1st.
And, SO it is conceivable that he might
wish to apply to the Supreme Court of
Virginia for a nlandarnus to compel the
board TO canvass the returns in his
requires no action upon the part of the
board until the fourth Monday in this
month, and they would not be in de-
fault until that time had come and
gone without their beginning the canvass
of the votes cast:
All that was done yesterday was done
with the hearty consent OF court and
counsel; Acknowledgement Anderson and
Frank w Christian. representing the
members of the board-that is to say, the
Commonwealth Of Virginia.
On all sides the hope was Expressed that
Chief-Justice Fuller would be, here to pre-
side when the case is again called and 1t
was agreed that If he could. not be here
on the 18th instant. but would consent to
come at later date, then the hearing
would be postponed to suit his CONVEX.
lence.
Such is the status OF these cases. for
here are two of them.
The petitioners urge that the Constftu-
lion Of Virginia is invalid because the
members Of the convention dIA not take
the oath OF Office: because the suf-
frage article is antagonistic TO the recon-
shuction act and TO the United States
Constitution. and because the convention
sought to ordain their work instead OF
submitting it to a vote of the people
Counsel and clients of the States case
are able, vigorous. and courageous men.
They VIII do their duty fearlessy; no
doubt about that. It has been a matter
Of discussion with them whether the
members Of the board. OF canvassers
should place themselves in constructive
contempt Of court and thus bring the case
20 a head that way. :. No doubt much is
TO be said both ways: but there can be
litt1 dH:bt that the course taken yester-
day was judicious. Nothing is lost by
st and time to consult authorities is gain
ed. And we may add that the Governor
and the other members of the board and
their counsel have absolutely no fear as
TO the results. No matter what turn
proceedings may take In the future. thev
are absolutely certain that the Constitu-
ton Will stand unscathcd.
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