Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1904-04-30
ACTS MUST STAND.
Supreme Court Dismisses The Suffrage Cases
From Virginia.

From Virginia.
Washington, April 95.-Capt John
8. Wise, of New York, has lost his
fight against the State of Virginia TO
test the franchise provisions OF Its
new constitution, the United States
Supreme Court in a unanimous opln-
ion, handed down by Justice Brewer,
having today dismissed both cases on
the ground that the "object sought
could no longer be obtained"
Captain Wise in behalf of the ne
groes, who it was alleged had been
deprived of the right to vote by the
dominant party of Virginia. filed an
application on November IA, l9O2. I'D
the Circuit Court of the Eastern DIS
trict of Virginia for writ to prohibit
the State Board of Canvassers can
wasting the votes which had been
cast in the Congressional election oil
November, 1902, on the ground that
the negroes had been DISTINGUISHED
by the new constitution, which, IL
was alleged the constitutional con
yention. by a vote OF AZ to SO, refused
to submit to the voters of the Com
monwealth.
South Carolina Case Cited.
Justice Brewer said in delivering
the opinion today that the dreep
case (159 United States, 65D was de.
cisive and compelled the dismissal OF
the writ Of error. 1t was suit III
equity alleging the calling OF a con,
yention to revise the constitution OF
South Carolina and seeking to eDJoin
an alleged illegal, partial and void
re registration, of which the plalntlfi
and Others were alleged to have Deen
deprived of the right to vote for dele
gates to the convention. Inc IN
junction was granted by the Circuit
Gourt in South Carolina, but was
dissolved by the Circuit Court OF APP
peals. An appeal was taken to the
limited States Supreme Court, when
dismissed the case on the ground that
the object sought could no longer DE
obtained.
Quotes Justice Gray
Justice Brewer in citing this case
quoted from the decision rendered on
| Il bv the late Justice Gray as follows:
1.-The duty of this court, as OF every
other judicial tribunal, is to decide
| actual controversies by a Jud ment
| which can be carried into effect, and
| not to give opinions upon most ques
tions or abstract propositions or TO
| declare principles or rules OF law
| which cannot affect the matter IN
| issue in the case before it. 1t neces-
ssrilv follows that when, pending al
appeal from the Judgment OF lower
| court and without any fault OF the
defendant, an event occurs whlcn
renders it impossible for the court, il
| il should decide the case in favor OF
the plaintiff, to grant any ttfe:tual
relief whatever, then it will not pre-.
coed to a formal judgment, but Will
dismiss the appeal" w.
Justice Brewer held that the wise
case was similar one of prohibition
The petitioners so declared in their
petition, and the thing sought to be
prohibited was q canvass OF the votes
east at the election held November A.
1902 The facts alleged in respect to
the constitution, the purpose OF the
dominant party, the action OF the
constitutional convention, the retusa
to submit the proposed constitution
to vote of the people and the regis
ration order were stated so as t(
show that the election Of 1902 wal
illegal and that there ought to be M
canvass of the vote cast.
Cannot Be Undone.
But" said Justice Brewer in col
cIusion, las shown by the all
and as indeed we might perhaps tak'
judicial notice of by the presence !;
the House of Representatives of I'M
individuals elected at the electloi
from the various Congressional dis
tricts of Virginia, the things sougn
to be prohibited have been done, an
csanot be undone by any order Q
! lcourt. The canvass has been made
certificates OF election have beel
Issued, the House OF Representative
(which is the sole judge OF the quail
y fcetions of it's own mempers) has al
United the parties holding thu certl
fcates 10 that body, and any adJudl
cation which the court might max
would be only an Intellectual decision
of the question whether or not thes
: petitioners were wronged by VIVA
has not been fully accomplished Un
der those circumstances there Is
. moot case remaining."-Balt
Sun.