The times. [volume] (Richmond, Va.) 1890-1903, 1902-12-14
TRY TO UPSET
NEW CONSTITUTION
T "
James H. Hays Files Suit at
Common Law.
--------
MANY DEFENDANTS NAMED
The Negro Attorney Places on Record
Twenty delegations Regarding New
Constitution in the .ircui. Court
and Asks $1,000 Damages.


SaInes II. Hayes. Of this city, and j.
e. Carer OF halifax county. coiored at
toyrieys at law. filed yesterday afternoon
Sith Air. James y. Bray. clerk OF the
United states Circuit Court FOR the East
err District Of Virginia, 4 suit at common
law for SOTO damages against twenty
seven members of the recent loaSalu-
ticnal Convention, Governor Andrew ).
Montague and the registrars and Judges
q. the First Precinct OF jackson Nar0,
IN the recent congressional election;
naming as plaintiff in the action Edgar
Lee Poe n negro. The allegations which
accompany the suit claim that Lee was
prevented from inGulging the right @
suffrage qua. anteed TO every citizen OF
the country IL recording his cho4ce as
TO the proper person TO represent the
Third Congressional District in the House
of Representatives. the judges; registrars
the Governor and certain members of the
Constitutional Contention having con-
spired 10 deprive him Of his legal privi-
lege.
Hays. who appears TO be the leading
attorney IN the action which was inau-
gurated yesterday afternoon, names as
defedants in the action. in addition to
Governor Montague John S. Barbour,
Joseph L. Barharn. Thomas II. Barnes
HillaCarter. William L. Cobb. William T.
Dunaway. Albert Fletcher. G. Iay4oT
Garrett. James ". GORDON, Z. Lindsay
Gordon, Roger Gregory, L. a. Hardy.
Goodrich Hation, John II. Ingram. Gag
Eett. B. Jones, Gilmore Kendall, John W.
Lawson. Richard McWaine, Charles Y.
Meredith. John Garland Pollard, Jcna-
than 3. Richmond. George s. Terry.
James B. T. Thornton. Robert Turnhu-l,
C. Harding Walker. ]. NJ. Willis. Jonathan
Woodhouse, members of the convention
who were instrumental in having the new
Constitution proclaimed by the G"Eernor;
John II. Bradley. John "A. Haley and
John Mcllaney. registrars OF the First
Precinct OF Jackson Ward, and Charles
P. Nicholas. Pins Kellar and Alfred Otto,
Judges Of election for the First Precinct
Of Jackson Wa:d
ASKS 5000 DAMAGES.
In the event a judgment should be
rendered by the Circuit Court in favor of
the negro, Lee, thirty-four defendants
will be Ca upon to settle the 5000
claim probably apportioning certain
amount to each man. However, il viii
be .competant for the lawyers 70 collect
for any one OF the individuals the entire
amount, in case ne is unable TO push the
Judgment collectively.
Notices OF the suit will be officially
placed in the hands Of United States
Marshal Treat Monday morning by Cir
cult Court Clerk Brady, and deputies Will
Immediately begin 10 serve the papers
upon the defendants, Hayes having had
printed declarations sufficient to be
Handed every person. The case has been
made returnable 10 the January term of
the Circuit Court. and unless unforeseen
circumstances arise. the suit viii probably
be heard ext month.
Immediately after fling the suit Hays
was seen by a reporter for The Times and
asked for a brief statement. He said tina:
he did not care TO talk. the action hav-
Ing been decided upon after mature odelib-
Grafton. lie expressed hopes that he
would win out and intimated that in
addition TO Attorney John Wise, of New
York. there would be associated with him
In the trial Of the case still another prom
t:leI1t attorney with renow,l as 4 consti-
tutional lawyer.
Asked as to the identity of this party
Hays only grinned. He refused TO either
affirm or deny the report that the attor-
hey referred to by him was Mr. John G.
Carlisle, formerly Secretary Of the Treas
TRY under the last administration Of Pres
idert Cleveland. However. there is
strong belief prevalent that Carlisle is
the man.
The declaration which Hays filed with
Clerk Brady is leogthy document, COW
E:inG eight pages OF closely printed mat
ter. gotten together in pamphlet form,
and yesterday when he appeared at the
Custom House he was loaded down with
copies. He distributed these freely, stat
Ing that q similar copy would probably
be recorded in the Western District next
week. in which the members of the con-
reution who reside in that section will
be made defendants.
The declaration is diH.aed into seven
sections the first four or five of which
ere given to reviewing, the proclamation of
the new Constitution and the manner in
which it was framed, all of which the
paper AYERS was Illegal and unconstitu-
Gonal. The paper says that the real pur-
roses Of the Constitution We're cunningly
concealed by a clever, construction of Ian
Euage. the real object being the disfran-
Cltsement Of the plaintiff and others of
his class en- account OF their race and
color. in manner SO unequal and OPP
pressipe as to amount to a practical de-
nial by the State of Virginia Of that equal
protection of laws which is secured the
plaintiff and others by the Constitution
End laws of the United States. All of
which action it alleges was in the nature
Of aconspiracy.
In conclusion the declaration says:
That the plaintiff. through the wrong
End injury done to him and the degra5a-
ticr and humiliation inflicted upon him by
the defendants conspiring against him to
EnjIre him and deprive him Of his rights 4
Of citizenship and destroy his rights as
a freeman, and otherwise deprive him OF
his right TO vote and his rights privileges
E,d inmunities secured TO him as Cit |
lien Of the United States by the Consti-
tuition and laws, has sustained damages
TO the amount of FIVE thousand dollars
(s5.0b0>.
Wherefore plaintiff demands Judgment
against the defendants, jointly and sew
erc.ly. for the sum of five Thousand dol
bars 5000, together with his costs and
in this action.