Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1908-04-17
NO PROPERTY RIGHT
IN RACE FOR OFFICE
Judge Ingram Refuses Injunction
Against Richmond Demo
cratic Committee.
FIX RULES FOR PRIMARY
Enforcement of Party Pledge
Upon Voters After Candidates
Have Announced and Paid
Fees No Cause for Com
plaint-Suit Dismissed.
RICHMOND. vA.-special.-

RICHMOND. VA.-Special-
The first steps in the appeal from
the decision of Judge Ingram in re-
1using TO compel the City Democratic
committee TO alter the pledge for the
coming primary were taken on
Friday in the Law and Equity Court.
when counsel for the complainants
signified their purpose to go to the
states highest tribunal.
Judge Ingram, after the attorneys
had satisfactorily explained the situa-
ton, read his opinion. This opinion
says in part:
Political Questions.
But as TO Pvho can vote in a Demo-
cratic primary or who can run in a
Democratic primary. these are political
questions-and when say political
questions. mean questions OF political
poIicy or eNpediency. just as would be
publican convention or Republican pri-
mary. or as to who could vote in Pro-
OF any other political party or sect.
These questions are not IegnI
questions for the determination OF
courts OF law or equity. II may be
hard for the courts TO keep hands
OF, for courts are but human, but
when they do open the doors To
them, they will make n grave and
serious mistake. TINT in the gen
erni result will be bad for the peo-
pie.
OF course. by this is not intended
+ that where there are certain minis
ture upon primary officers or punish
ments prescribed for illegal voting that
. force them.
This brings us to the last PROPOSE
ton commended for by Mr.. Moncure.
that his property rights have been ~
right to an injunction.
Mr. Moncure saw Il printed plan Of
the committee, or was told by the COM
mittee that the plan was as he states
1T TO be I'm the bill Did it constitute
n contract which the committee could
not change or alter, and IL il did, what
first place, In the COURTS opinion, the
committee Ind n right to change their
'ired IL or the good OF the pnrty re-
CURED "a. or this change MIR. NIoncure
has had notice. as his hill shows It's
property rights has been violated. so
ms TO give Jurisdiction TO n court OF
equity To remedy. MIR. Moncure, of
refunded To him his entrance fee. and
this Is the only property right he could
not give him the right to relief by In
junction. He has no property right in
contractv-nl rights, IL any he had I'm
other respects are exclusively political
in their character, and do not give the
right to relief I'm equity for their
breach I'm n case OF this kind.
He Follows Jefferson.
OF the Democratic Cas Alfred the Great
was the founder OF the Common Law
o: England(. and Of whom Mr.. Buckle
said That his great Declaration of In
dependence should be hung up in the
nursery or every king and blazoned on
thc porch OF every royal palace" is
reported to have said that the best
governed are the least governed" haV-
ing reference TO the internal political
auairs OF man, and IL may be that hav-
ing grown up in his political school Of
philosophy that i am somewhat slow
IN taking Jurisdiction in these cases
Tor my very Discrimination to assume
70 govern IN questions i think OF po-
htical eNpediency and OF political poll
cy. and not OF legal or constitutional
right But, at any rate. my opinion
Is as above stated, and / shall adhere
TO it.