The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-04-26
yet sought to have themselves enrolled
In the electorate. /

yet sought to have themselves enrolled
In the electorate. I
BONES OF CONTENTION.
In his argument before 1.-THE Supreme
Court, Major Anderson thus sums up the
propositions upon which the counsel for
the appellants rests his case: -.
First.--That the Constitution enacted by
the convention which met in the city
OF Richmond on June IL 1901. is not the
Constitution of that State, but is an abso-
lutely invalid act and a nullity-- I.
% Because the members OF. that con-
vention failed to take any oath. and
(2) Because that Constitution has never
received the sanction Of the electorate
which chose the members Of the conveh-.
ton. S$ii
Second-That even IL the Constitution
enacted BY. the convention Is III other
respects valid constitutionai enactment;
yet the suffrage article (Art1clc Ii of said
Constitution is invalid or unconstitu-
tional--
a. Because X in contravention Of tho
following Fundamental condition." pre-
scribed by Congress IN tile act Of jan
airy, iS.o, admitting Virginia to repre-.
sentation in the Congress Of the United
States, viz:
THAT the Constitution Of Virginia shall
never be amended or changed so as to
deprive any citizen or class OF citizens
Of the United States. of the right to vote,
who are now entitled to. vote by any
Constitution herein recognized, except as
punishment for such crimes as are now
feionies at common law
4(s) Because the provisions Of this SUI
Fifteenth amendment to the Federal Con
Stitution. &
Third. That it necessarily follows, TINT
the registration OF the voters OF ,d the
pursuant to the terms of said pretended
Constitution, and The registration Or
dinance adopted by the convention, ana aln
vember. 1909, by the voters SO registered,
were Invalid and void ,,, 49,,
Fourth. That the plaintiffs in these
or the United States and of the state of
Virginia. and qualified voters OF the
State in the year l9N2, and We're 5.unlaw,
July sa,d % ana f ae @
now 10 have said Constitution, and par
hcularly Article II. thereof. and the re-
ton herewith, adiNdicated In these
causes to he void and unconstitutional
acts and utilities, to have said election
declared by the court TO have been Illegal
and void; and TO have by an injunction
in the one case, and writ of prohibit
ion IN the other, the Governor OF VIZ
Inc state at her capital, constituting her
State Board OF Canvacsers, entoned and
prohibited from canNassing the returns
OF said election and giving certificates OF
election TO the persons shown by said
returns TO have received majority OF
the Vote cast in their respective Con-
8 SfeSSlonnl DlStrlctS.
The Attorney General IN bis argument
: before the court took up these conten-
tons one by one IN the order OF their
enumeration and refused tile contentious
OF appellants separately
COST OF CASES.
The General Assembly OF Virginia APP
propriated ten thousand dollars to defray
tic EXPENSES OF the State in defending
these suits. and others sun pending IN n
which tho State through it's officers is
of christian
employed to be associated with the at
torney general in representing the state,
and participated In t4c argument before
both the lower and the appellate Courts.
1t is understood that Mr. Christian re-
ceived a fee OF S2,O0O for representing the
d State when thu cases were argued in
4 TINS city. He. Will. Of course, receive "a
fee for Representing the State before the
Supreme Court. The other expenses Of the
case 10 the state are slight. The print
ing in the case cost less than $500, and
the court costs are upon the appellants.
There are three other cases growing
out OF the Constitution and which are
now pending in the Federal Circuit Court
OF this city. Mr.. Wise. the counsel for
the plaintiffs in these cases, asked their
postponement when they had been set
Tor January, 1904. They have never
since been called and there is no inti-
nation of an intention TO call them, one
OF these is brought by Edgar Poe. Lee,
another by a negro named Brlckhouse
and another by still another person.
These cases are damage suits The I'M
preston prevails that they Will avail no
more that the suits just dismissed.
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