The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-15
AFTERNOON SESSIONS
Captain Wise Makes Attack
Constitutional Convention

When the court reconvened ut $780,
P. M. Mr. Frank w. Christian was recsas
ognized to close the case on behalf Of;
the defendants. Mr.. Christian's $ argument
was almost wholly IL legal one, and its#
was ono of characteristic ability. Hiss
first contention was that in order to-
sustain a claim for damages against the
defendants it was necessary to aver that
the plaintiff was wilfully, corruptly and@ss
maliciousy deprived of his right to syote.lss
The defendants must have known the =
plaintiffs rights and wllfully violated
them.
We of course, do not question Your
3I1onor's right to entertain this suit hes
said, "but we do contend that in order
for Your Honor to have Jurisdiction the
damage alleged to have been sustained
must be as much as $4,000. We claimRs
that II there could be any damage it isgs
only so much rs would compensate the
plaintiff for going from his house to thefss
registrar to ask that his name be put
upon the book
Mr.. Christian laid great stress upon
tho act OF the Legislature providing for
the registration of voters, and providing
that only persons whose names appear
on the registration books be allowed to
vote. The plaintiff did not claim that lyo 81
was registered on the new books, but
contended that a wrong had been done
him because he wils not allowed to vote
under the old registration. sGs
AS to the Oath.
Mr.. Christian discussed the questions Il
of proclamation and oatll-taking to some e
extent, but declared that the Attorney -
General had left him but little to say
with reference to either. He contendeGls Fl
that the delegates to constitutional III
convention possessed powers which could
bo limited neither by legislative acts nors7
by former constitutions s8s
Mr.. Christian was contending that ftllaga
acts Of de-fncto officers were valid as to n
tho public and third person, when u, \
broad smile broke over the countenance 4.
OF Captain Wise. isi lgiig
II see my friend gives evidence off8hls
dsapproval of this view" he declared.
II am not surprised; do not expect 81
him to agree with me-" SSssl
II admit your contention is probably
correct" said Captain Wise. as to-
officers in general, but I do not admit
that it applies to members of constitute
tionul conventions ga,s s$S
Mr. Christian ably contcnded that the
convention had the plain right to pro- IA
claim It's work. and then he asserted 4
that there could be no question that,sS
when tho plaintiff offered to vote on9s
November !. 1902, the established and y
recognized Constitution OF Virginia was s
'H0t W % W. tNtRe
1909. 5. a
Ought to Have Known. VI
{ lie said the plaintiff knew. or ought
to have known that this was thee
ganic law of the state, and that THAI
people and officers had been called ss
upon to give it their loyal support.
'IIs knew. or ought to have known,''...
he declared, that the registrars had
certain days for sitting, and that q iss9S
he had to do was to apply for regis,
tratnn in order to get. his name props
Tile knew, or ought to have known. s
that II no was refused his remedy was 4s
in court. where relief would he given fs3
him without cost. 8i Il " ssg
"But II Your Honor pleascs. tlila 2
man preferred to do nothing TO pros
.ect his rights to vote, but laid back, ,s
and now contends hero that the old a8
registration lists We're in force on No Y s9
MEMBER 4. 1902.
Brief Colloquy. ia
afr Wise has said much about
llsurpatlon.
u submit that in governments there III