The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-08-12
HAYES SUITS
VS.. STATE
Attorney General Anderson
About to Prepare Briefs.
BEFORE SUPREME COURT
Highest Court OF the Nation to Settle
Finally the Validity ofthe New Con-
stitution--ChiefJ Justice FuIler's
Mind Already Made Up.

Attorney General Anderson, who has
been resting and recuperating a. his
home at Lexington for the past month or
more, will In day or two begin the
preparation of briefs in several very i'm
portant State cases before the Supreme
Court of the United States, which will
be submitted to that august tribunal in
October He Will be assisted In this work
by Mr.. John S. Eggeston. who will leave
for Lexington to-day for the purpose
Colonel Robert Calett, who has been In
Lexington for a fortnight. will return to
the city to-day. and will have charge of
the routine work Of the Office during the
absence of his chief.
Perhaps the most important suit, and
certainly the one of greatest public In
tercst in which brief is to be prepared
by the Attorney is that ono
designed to test the validity and consti-
tutionalty OF the new suffrage law Of
the State of Virginia. These arc the cases
Gor there are really TWO involving the
same issue in which Captain John $.
Wise. of New York, appeared In she Cir
cult Court OF the United States In this
city last summer. and In which he was
associated with James II. Hayes, local
negro lawyer. The two Will be associated
States. Acknowledgement Anderson VIII
represent the state Board of Canvassess,
the ostcnsible defendant in the case,
THE TWO CASES.
One Of the two ca scS Is that styled
Selden ct al. vs. the Virginia State Board
of Canvassers. a suit in equity seeking 10
enjoin and restrain the state Board OF
Canvassers from awarding certificates OF
election to the ten Congressman CHOSEN
in this State irtrNovembcr, 1902.
The other, and companion case. seeks
to accomplish the same result by dif-
rerent legal procedure. II is styled Jones
ct al. VS.. the Virginia State Board or
Canvassers, an action 1T law. In which
the plaintiffs ask the court to grant
wri, Of prohibition restraining the state
Board OF Canvassers of Virginia from
Issuing certificates 10 the Virginia Con-
eressmen- ELECT. The same attorneys VIII
appear in both cases
The appeal in these cases Is regarded as
merely formal, the Circuit Court Chlef
Justice Melville ". Fuller. sitting WIN
Judge Edmund Waddiil. having refused
both wr!ts prayed for by plaintiffs.
When these cases unexpectedly came UP
during the absence OF Attorney General
Anderson and while he was In feeble
health, the Commonwealth retained Mr..
Frank ". Christian, a distinguished at
torney of this city, to supplement inc
Acknowledgement IN neleIu!iS .lie Iitc'
ests of the Commonwealth and It's Board
Of canvassers. Attorney-General Ander-
son. however, did much work in preparing
for the case. and will probably represent
the State without assistance when the
cases come before the highest court OF
the land.
The cases were decided on the ground
that the Federal courts had no tturlsdic-
ton when the case came before the court
here. 1t remains to be seen whether the
full court will affirm the opinion handed
down in the case, and in which opinion
the distinguished chief justice acquiesced
and concurred.