The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-15
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he went on. that convention derived Its
powers not from the Legislature, but
from the people OF this State.
Tho Legislature had no power to do
more than to fix a date for the meeting
of the convention after the people had
spoken. They had no right to prescribe
that the members should take the oath,
nor even to fix their salaries.
Maj. Anderson contended that even II
the Constitution was not effective on
July 10, 1902, it surely was on Novcm-
Der 4, 1902, the date upon which the
plaintiff claims his cause Of action arose.
Questions might have been raised against
the legality OF the Constitution of 1869,
but acquiescence in and acceptance of
organic laws cured any illegality con-
corning their adoption.
Objections Not Valid.
TT is q web settled principle" the
speaker declared, that Constitution
which is recognized By the departments
OF government and acQuiesced in by
the people becomes and Is the funda-
mental law Of a State.
I'VE desire to call your Honors atten-
iion TO another fact, and that Is that
this is a State matter. There are no
two governments here contending for su-
rremacy as was the case in Rhode
lslaud. On the. other hand, from the
10th day of July, 1902, or several months
before this alleged grievance took place.
every official OF the State had sworn to
obey and respect it, and the people had
accepted 1t as the organic law OF Vlr-
gin!a.''
In meeting the contention OF Captain
Wise that the convention had no legal
right to enact ordinary legislation such
as the registration ordinance into the or
saiiic law. Maj. Anderson declared that
ii this was true there was hardly valid
Constitution in this country. my friend
Will find." he declared. turning to Capt.
Wise, that the Constitution Of 1869
contained a homestead act, and he will
also find that the Constitution of Louisi-
| ana contains almost code OF statute
! laws
| Major Anderson was quoting the late
!; John Randolph Tucker as authority in
favor OF the right OF conventions to pro-
claim Constitutions. when Capt. Wise in
terrupted to say that Mr.. Tucker may
have been an able lawyer, but that he
! was right much OF a crank
he was recognized authority on
! Constitutional law Ead Mag. Anderson.
land Mr.. Tucker says in effect that cons
| vcntions are not bound to submit their
work for ratification or rejection"
Wrong Plaintiff.
Major Anderson declared vigorously
that If the Constitution had disfranchiscd
any one Captain Wise had brought his
/ action i'll the name of the wrong plain
4 tiff.
you should have selected some other
colored man. he said cor some one who
was disfranchised. Your client did not
lose any of his rights, and therefore he
was not the proper person to sue.
"Brlckhousc had paid his property tax,
and If the registrar had upon applica-
ton refused TO admit him 10 rcgistra-
ton he had his remedy.
THE courts Of Norfolk county would
/ have compelled the registrar to put him
on the books. But this was not the case
Your client did not ask for registration,
but simply refused 10 comply with the
| requirements of the Constitution, which
would have automatically placed him on
the books, he having paid his property
| taxes"
After brief coloquy between counsel
as to the conditions under which Vir-
! sina was rcadmitted to the Union. Major
Anderson closed his speech by thanking
! the court for his Honor's patient nttcn
ton. "A recess was taken at 1870 until
= 2:So O'clock