Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1902-12-03
THE VALIDITY OF THE CON-
STITUTION TESTED,
Virginia's Organic Law I'm.
notwithstanding Against
it Ruled out by Chief Justice
Fuller in U. s. Circuit Court.

The case brought by John
Wise on behalf of certain colore
complainants to restrain the Stat
Board of Canvassers from issuin
certificates of election to the mem
bers of Congress elected in the las
Congressional election and invest
gate the new Constitution, wa
called in the United States Circui
Court at Richmond Friday evening
Chief Justice Fuller presiding, anC
Judge Waddill sitting with him
Acknowledgement Anderson ant
Mr.. Frank Christian represented
the Commonwealth.
Only twice before in the history
of Virginia has case of such class
and character been entered upOr
the dockets of the Federal courts
in Richmond, and in each the
Chief Justice of the United States
was assigned to preside over the
issues.
The first was in the case of Aaron
Burr, charged with high treason,
whose trial was presided over by
Chief Justice Marshall. The second
was the threatened trial of JEFF
fersOn Davis for high treason,
which, however, ended in smoke,
the Federal authorities not daring
to risk the reversal of the judgment
they had first won by the arbitra-
ment Of force TO a verdict rendered
in the light of history and reason.
Hence, Chief Justice Chase, who
would have presided at that trial,
was relieved of that duty.
In the present case John S. Wise
has attempted what that profound
thinker, Edmund Burke, said could
not be done. He has indicted a
whole people and community, and
in. his argument he showed the
greatest bitterness toward his
mother State, becoming so personal
in his attacks upon the leaders of |
the people of the State that Chief |
Justice Fuller was compelled to
call him: to order. His address
lasted several hours and partOok
more of the nature of stump
speech than a legal argument.
Several times the Chief Justice
reminded him that the Court did
not desire to be informed of the
personnel Of the Constitutional
Convention and thus headed off
his inclination to attribute to
Individual members by name the
clauses in the Constitution which
he denounced in scathing terms.
Attorney-General derson
promptly began proceedings with
/ preliminary statement of the mat
er in hand. The respondents were
'eady with their answer to the bill
If injunction, he said, and asked
f the Court would have the plead
ngs read or dispensed with. Chief
Justice Fuller said it would save {
imeto dispense with this and 90 {
IN with the argument.
Mr.. Wise said that before begin {
ling he wished clear understand {
ng to one point. The time for s
his injunction expired tonight. {
lie wished it understood that the
state Board Of Canvassers should S
ake''nO action and issue no certi-
Gates until the decision of this t
COURT was rendered.
Acknowledgement Anderson said 6
hat this was immaterial in the Q
of the cases. In the case a
{ Mr.. Glass Of the Sixth district, L
would be prejudicial to his inter-
SITS, as he would be entitled to O
axe his seat in Congress next h
I0nday. The Court said this II
latter could be considered later. d
Mr.. Wise then said he wished to '
ltroduce some affidavits and doou- t.
tents as preliminary. to the hear k
lg. When he drew from his
alise, among other things, the j
'urnal of the Constitutional Con- c.
ention, bulky volume, Chief p
gstice- Fuller exclaimed in amaze
ent t
care you going to read that az
1ok?" -. o.
"Well, not exactly, your Honor. il
Ou have not been in the State in a,
lie past ID months. But they F
I'VE made a Constitution here and ra
'erybody had to do some talk pi
g." G.
Mr.. Wise from time to time
shed the Virginia leaders by W
lme with rank sarcasm and ridi- CO
lie until Chief Justice Fuller &C
terrupted, reminding him that er
was in court of law, engaged he
consideration of grave constitu- su
nal questions in which such per- vi,
nal illusions were irrelevant and nu
t of place, and requesting Mr.. of
Use to confine himself to the sh,
yument of the case. Mr.. Wise th'
Dlogized and promised to stick
his text, which he did not do, foi
orting again and again to the of
ne tactics, though without using Wi
mes. ap,
9r. Wise commended that the gre