The times. [volume] (Richmond, Va.) 1890-1903, 1902-11-29

OF remedy in his argument. S..
The court at $50 p. NJ took recess
until q p. n.
| WISE CONTINUES SPEECH
The crowd at the adjourned session of
The court was somewhat reduced in num-
bcrs. Congressman Lamb and Judge
George L. Christian were among the In
te:ested spectators. Captain Wise had re-
made his toilet and appeared in full eve
..inE dress. Congressman Glass chatted
with him for a few moments before the
court reconvened.
Justice Fuller and Judge Waddill dined
at Rueger's and walked leisurely back to
the courtroom just before O'Clock, the
former enjoying an after-dinner4 cigar.
j 1t was 7:H o'clock P. NJ. when the court
resumed its session. Captain Wise arose
a. once and continued his argument. He
said there was no authority found any
where giving a convention the right to
proclaim its work. unless the power was
expressly conferred in the call for the
convention. He contended that SO far
from the call comforting such power, it
expressly declared that the work should
be submitted.
He did not believe that such action
could hold in the courts of the country,
and he defied the opposition to produce
authorities to the contrary.
(.aptain Wise invoked many authorities
which he said bore out his contentious
md he read at length from several OF
them He said the bill of rights pro-
claimed liberty. to all men, and yet the
instrument sought to deprive two-ffths of
those same men of their highest rights
as citizens and to make them serfs and
&cilattels. He said it made the chosen
few. the factional syndicate. more pow
crful and autocratic than the Car OF
Russia and then the lawyer passed to
Ss.oSsr -; !.
court had reminded Mr.. Wise was the first
e te. be considered. He contended earnestly
i that the Federal and not the State courts
<. Gre the tribunals before which the cases
should be tried. and he read from author.
;rles on the subject. He said the United
States statutes themselves conferred eN-
pressly the jurisdiction to try all such
causes upon the United States courts.
Case after case was quoted by Captain
Wise as having been tried in the Federal
courts. and he contended that they We're
all iii support of his argument.
The case of Patton VS.. Brady, from Nir-
g;nia, wa.s cited to show the jurisdiction
h OF the Federal courts to restrain an OH
Ger from doing an unlawful act. and ne
said it was a well defined principle Of
law that#a Constitution could as well be
Unconstitutional as could a statute.
Captain Wise enlarged upon the differ
cncc between a writ of prohibition and
one Of mandamus. and read from numer-
Gus volumes before him on the table Inc
sreech was now becoming dull and urlnt-
teresting, for it was one Of legal technl-
cal.ties and citations. and only the law
yers saw through it.
AMUSING TURN.
Here Justice Fuller again questioned
the attorney briefly, and the little col.
lc.uy took an amusing turn. Captain.
Misc creating great laughter by referring
4 to the old political machine In Virginia,
to which he said a new cog had been
a6Ged by the new organic instrument
He attacked the election methods in 4Vlr-8
& riilia imam old fashioned stump speech
Nay. and often the audience broke into
Laughter, the court joining at intervals
He said the 'stonfooiery, called cleo
titns. had affected his clients. and hero
Justice Fuller observed that the House
va: the judge of the qualiticati tons and
election of its own members. The attor-
ICY launched into an appeal for his Gil
ents, and the court reminded him that
he vas not hewng Very close to the line
Justice Fuller. said his recollection Of the
law was that the writ Bof prohibition
would never lie where there was other
remedy. but the lawyer dissented. and
went on with his speech. He said that
tie authorities. both of Virginia and the
United States. gave his clients the uIl-#
doubted right TO proceed By prohibition
to prevent the doing of an unlawful act
lfc said his cases We're brought in favor
not only of his neutrality-suspicious.. but that
s1hey were for all who We're similarly situ-
aled throughout the State. One bill was
in equity and the other under the com
non law, but both had the same end in
view, that of prohibition of I'M awful acts.
MIR. CHRISTIAN REPLIES.
Z Captain Wise closed his speech In
j, of "A Mr.
Frank w Christian, of counsel for the
State. came forward to begin his arsu-
n1ent He plunged with sledge and ham
rntr@ at once into a discussion of jurisdic-.
ton holding, as does the answer of the
respondents. that the court had not juris-4
G..ctionain the cases.
nc first took up the case in equity. and
said it could not be entertained because
it was a suit against the State, and there
fore in conflict with the Federal statutes.
The second was that the questions i'm
,olved We're purely political and govern
mental and had no place in a court OF
Guilty. 1t had been settled by the SUI
r:e1ne Court that the State need not ne
named as q party, but the court must
icpk al the nature OF the 0u!leS Sou6At
to he restrained.
Hare Mr.. Christian referred to the bill
a. he @complainants, and taking up the
r,rious points set out therein. entered
general and specific denial to one and all.
In discussing the complaints set forth,
Mr.. Christian took up the alleged DIS
elimination against the complainants.
ana showed that they had not resorted
"a the redress offesed by the Cons tutlo ~
The great advocate with spectacles IN
his right hand met and answered count
after count in Mr.. Wise's bill, after gestl-
Eculating to the court with great earnest
ness.
He ridiculed the idea that man could
not get remedy because a judge was
fishing, when there We're three other
courts or record sitting in the city The
highest right of a citizen was the right
to vote The right to be represented IN
Congress was merely a derivative right
flowing from that to vote, and the pro-
ceeding here was a most remarkable
one. under which one man in tie
State could hold UP an entire delesa-
ton in Congress from great State
should Mr. Wise succeed in his case.
He said the case was unique, but that
numbers of others similar had been up,
and decisions had put this one within the
class of those against the State.
The compliments had no property
rights involved and should the State