Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1904-04-29
VyR0JNLA CASE DISSATISFIED.

YlhGXA<d LdOG OfOMAsocbD.
captain John s. Wise, of New York, has
oct bis fight against the State Of Virginia TO
aest the franchise provisions Of Its new con-
aitution, the United States Supreme Court
n unanimous opinion, handed down by
Justice Brewer, having on Monday dis
missed both cases on the ground that the
cobiect sought could no longer be obtained"
Captain Wise in behalf Of the negroes,
who 1t was alleged had been deprived Of the
right TO vote by the dominant party Of Vir.
ginla, filed an application on November IA,
1909, 10 the Circuit Court Of the Eastern
District Of Virginia for writ 10 prohibit the
State Board OF Csnvassers canvassing the
votes which had been cast ln the Congress.
ional election Of November, 1902, on the
ground that the negroes had been disfran
Jchlsed by the new constitution, which, il
was alleged, the constitutional convention,
by vote Of AZ to 8s, refused to submit TO
the voters Of the common wealth.
Justice Brewer said 10 delivering the opin.
ion that the Green case (15o United States,
lB61l vas decisive and compelled the dis
rnissal Of the writ of error. 1t was q suit In
oquity alleging the calling Of q convention
10 revise the constitution OF South Carolina
and seeking 70 enjoln an alleged illegal, par
tial and void registration, of which the plain.
tiff and others were alleged to have been de-
prived OF the right TO vote for delegates to
the convention. The Injunction was grant
ed BY the Circuit Court In South Carolina,
but was dissolved by the Circuit Court OF
Appeals. An appeal was taken 10 the United
States Supreme Court, which dismissed the
case on the ground that the object sought
could no longer be obtained.
Justice Brewer In citing this Gaze quoted
from the decision rendered on II BY the late
Justice Gray as follows:
"The duty Of this court, as Of every Other
Judicial tribunal, Is to decide actual contro
versies by judgment which can be carried
into effect, and not to give opinions upon
most questions or abstract propositions, OF
to declare principles or rules Of law which
cannot affect the matter In issue 10 the cast
before It. 1t necessarily follows that when,
pending an appeal from the judgment OF
lower court and without any fault OF the de.
PENDANT, an event occurs which renders II
impossible for the court, If II should decide
the case In favor OF the plaintiff. TO grant
any effeclual relief whatever, then It will
not proceed 10 formal judgment, but will
dismiss the appeal"
Justice Brewer held that the Wise case
was similar one OF prohibition. The petit
TONERS so declared In their petition, and the
thing sought TO be prohibited was q canvass
of the votes cast at the election held Novem
Der 4, 1909. The facts alleged in respect to
the constitution, the purpose oil the domi
Dant party, the action OF the constitutional
convention, the refusal 10 submit the pro.
posed constitution to vote Of the people
and the registration order were stated so as
70 show that the election Of 1909 was illegal
and that there ought TO be no canvass Of the
vote cast
"But," said Justice Brewer in conclusion,
"as shown by the affidav,s and as indeed
we might perhaps take judicial notice OF by
the presence in the House Of Representa-
tlves Of the individuals elected at the cleo
ton iron the various Congressional districts
OF Virginia, the things ought to be prohib-
tied has been done, and cannot DO undont
by any order OF coart. The canvass has
been made, certificates OF election have been
issued, the House oi Representatives (which
is the sole judge OF the qualifications of It's
own members) has admitted the parties hold
ing the certificates in that body, aud any
adjudication which the court might make
would be only an Intellectual decision OF the
question whether or not these petitioners
we're wronged by what has not been fully
accomplished. Under thoee circumstances
there is a moot case remaining"