The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-14
SUFFRAGE CASE
BEFORE -CDnRI
CONTINUED from First Page1


i:ot appear on the registration BOOK ].
The L:a.ntitf claims that his nam, al,
appear. on the registration books used
prjnr 70 this election, and that no
other list was legal or proper.
For all this he claims that he has been
damaged to the extent Of $4,000. and
hence the suit.
The declaration speaks Of "the degra-
dation and humiliation inflicted upon the
plainttf by the defendants injuring him
and depriying him Of the rights OF citizen
ship, and destroying his rights as
freeman, and otherwise depriving him OF
his right to vote and his rights, privi-
leges and immunities secured to him as
citizen Of the United States by the
Constitution and laws.
Judges Pritchard and Waddlll occupied
seats in the courtroom during most Of
Captain Wise's speech, and other promi-
nent spectators were Hon. N. B. Early,
Jr., of Greene, and Judge D. Tucker
Brooke, Of Norfolk
1t was few minutes after o'clock
when Judge Goff assembled the bench and
Captain Wise took the floor. The attor-
ney first submitted the papers Of both
sides, which included his declaration and
along with special pleadings and it took
him nearly an hour to read them.
He briefly outlined the case, and pro-
ceeding. said: Under the United States
| Constitution these defendants are liable
for having Injured the character Of the
PLAINTIFF and deprived him Of his rights,
and hence he brings this suit.
On the Legal Books.
'The plaintiff does not claim that his
| name was upon the books these regis
trars then had in hand but that it was
on the other books, which were the legal
ones, inasmuch as all the acts bringing
| the last ones into being were illegal, null
and void.
| the powers of the Legislature in at
tempting to pass upon matters of cur
rent legislation Of which this registra-
ton matter was plainly one.
The lawyer argued at great length to
show that the refusal of the convention
to take the ,oath and the final proclama-
ton of the instrument It had framed
rendered the Constitution itself and all
legislative acts pretending to carry 1t
into effect unconstitutional.
Decisions Invoked.
Finishing his reading at $40 o'clock,
Captain Wise commenced his oral nrgu-
NleNt, Out referred OlteIl " allle IleSlScu
Statutes of the United States and other
books and papers. He cited the case Of
Wiley vs.. Sinclair. In which he declared
that the decision of the Supreme Court
was favorable to his contention here.
The attorney for the plnnuf referred
to great many other decided cases de-
signed to show that the proceedings We're
entirely within the law, and that 1T was
proper for tho Federal courts to inter-
vene where mans political rights had
been taken from him by unconstitutional
State authority.
EIe declared that 1t was gross out
rage to take from man his political
rights, and that the injury so sustained
could hardly be measuredSin dollars and
cents Mr.. Wise read much from q pre-
pared argument, and the first position
Of 1t was highly legal and technical, In
teresting especially to the court and the
attorneys. He attacked the organization
OF the convention, and said 1.-THE al
legged convention was never properly or
ganzed. and / contend that nothing 1t
did could affect tho rights OF my client.
A Material Point.
"The fact that tho convention WAS
properly organized Is as essential In
order to affect tho rights of my client
as tho carrying out OF other provisions
In the legislative act bringing the
body into being"
He discussed the refusal OF the con-
vention to take the oath at rucn
length. and ridlculed the argument
over this proposition, which took place
in the body,
"By refusing to take that OATH" he
said, "the convention rendered Its own
acts null and void, and mono Of them
In any way touched tho rights OF my
client"
Citing the old Virginia Constitution,
under which the last convention was
held, he undertook to show that tho
members were officers. and were plain
ly commanded to take tho oath. lie
said they were classed among the very
highest state officials. charged with