Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-03-17
CAPTAIN wIsE's BRIEF.

The Washington correspond ent OF the
Richmond News-L Leader says:
Acknowledgement Anderson is on the
ground ready for the Virginia election
cases which are to be heard in the SUI
preme court this week. Major Ander-
son is confident of favorable decision.
1t is probable that the matter will not
reach stage further on than the court
hearing arguments as to its jurisdiction
in the cases.
The contention OF the State will be
that the courts of equity have no juris-
diction. and that the theory of enjoin-
ing governmental officer from the dis
charge of his duties, carried to its logi'
cal conclusion, would bring about that
condition of affairs wherein the presi-
dent and all the officials Of the govern
ment could be enjoined from discharging
their official duties. 1t will also be
contended that if the complainants have
any remedy at law it will take the
shape of suit for damages against the
officer alleged to have committed an un-
constitutional act. The question will
then be brought down to the point
whether the defendent acted within his
constitutional rights or not and on
these grounds the constitutionality of
his actions can be determined.
The arguments of John S. Wise will
probably be characterized by all the hot
headed declarations at his command.
This is shown by a perusal of the brief
he has prepared for the court. In his
fiery style, he denounces the men who
made the constitution under which Vir-
GINA is now living, as being, in their
official capacity, a set of robbers as bad
as any crew of pirates that ever paced a
quarter deck. This statement, made
with all the rhetorical hourishes of
which the erstwhiIe Virginian is capa-
bic, is set in the boldest type in the
whole brief
There is thought to be but little doubt
that the court will dismiss the case for
want of jurisdiction. Enough cases of a
similar nature have been before the
court to render it almost fixed prece-
dent. and it is in direct line with the
previous decisions of the court to expect
verdict for the State.
Attorneys who have seen the brief
drawn by Attorney General Anderson say
that it is one of the most succinct state
ments of case of this nature they have
vet seen. An official of the court said
that it was an able presentation of the
case of the State. 1t is marked by con-
servatism and the citation of unanswer-
able precedents. 1t cites long line of
supreme court decisions bearing out every
contention of the State. On the other
hand, the brief of Mr.. Wise, for the
negroes, is said to abound more in cam
paign poppycock than in the sort of
arguments what carry conviction with
court. The citation mentioned above
is fair example of what in contains.
An interesting fact connected with this
case is that both the democrats and the
republicans OF Virginia will be glad if
the negroes lose their case in the supreme
court. After all that has been. heard
from the republicans about manhood
suffrage and the elimination of the worth
less negro voter, they now, seeing that
the disfranchisement of the negro is an
accomplished fact, are glad of it, and the
leaders all express themselves privately
as being glad that the colored brother is
no longer a factor in Virginia politics.