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[I BENHING'S RACES!
T uni:rc -rAVoniTEs. oori.n. Sam | THE CRESCENT CITY TRACK. !.-"".■ ■ — V - I Mioo Vly nnA -Tohn Tctorn the Win- i j,;np rnvoritrx — Itclarcwon, Who nccrntlj- Msrncd With S. S. Hrown. o f i*li<>l>r:r,'r. KldcN Konr Victors. WASinNGTOX, I>. C. November 2S — O n ly a fftir-sired crowd turno<l out to wit r r«: 'to-day's racing at Bcnninfrs. Three favorites. Gould, Sam Craipr. and Florham -Ouocn.Vwoh their respective races, while Lord i Advocate and Bencichnrt. woll-sup tjoried eccond choices, took their events. SumTnary: Virst race— hurdle; two and one-fourth _ !k 's— Gould C 5 to f>) won. Blacksmith (3 to!) second. Collesian (4 lo 1) third. Time, Socond: race— 5-year-olds; six furlonprs— I 'n-d Advocate C 5 to 1) won, Hist (2 to a) ff con<3. Ivucky Day ,(3 lo 1) third. Time, * Third rr.co — S-yenr-olils; six furioni;s — Litiic -Adclo HO to 1) won. Black Dlnna .vjMo ') secend, Tioga (4 lo 1) third. Time, Fourth race— maiden 3-year-olds; handi cap; one mile I—Sam1 — Sam Craig (3 to 3) won, Ar.Nie Grace (5 lo )) second. J>ady,Teasle (5'\o:l) third.' Time. 1:54- F'ftT"' race: — 3-year-olds and one ar..i one-sixteenth miles— Ber.ckart (2 to 1) -non. Maiden O0 lo 1) seoonj. Wunder 3!ch 0" to J> third. Time. 3 :0~, 0-5. Sixth race — seven fuiloriKS— Flcrhnni Q'Kon P to ~>) v.-on. Ahola (.G to 3) second; J?nrk Planet (30 to 3) third. Time. 3:32. rrcsornt Ci<y Csjnrse. ■ >-i:\V CHILEANS. LA.; Xovomber Shoo Fly and Jo)m Peters were the win- Ti'r.sr favorites. Hclgeson, who recently cipneiS lo ride fcr Captain S. S. Brown, of Pittsburg, rode four v.'inner.s. Summnry: First race— six furlongs— Shoo Fly (7 to I) won, Sidney Sabbath (5 to 3) second, rdliic (30 to 1) third. Time. 3:35. Srs~o:id race— six furlongs — John Peters <7 to 5) won. Bummer (3 to 3) second. Lit tle Jack Homer (15 to 3) third. Time. it-i. race— one mile— Dodie S. (5 lo 2) Tron. Lennja (6 to 3) second, Nabocklish („< to 1) third. Time. 3:43 1-i. Fourth race — handicap; seven furlongs — Trsvers (~ to 3) won. Federal (oven) sec ond. Clonmell (2 to 1) third. Time. 3:27. J-'ifth race six : and a half furlonfrs; 2 yar-oids—Tancred (3" to 3)- won, Brook fton (12 to 1) second, Walkins Overtoil (2 ta 1) third. Time. 3:21 1-4. Sixth race— one mile— Optimo (~ to 3) vron. Rssselas (7 lo s) second. Commis eioner Forester ("> to 3) third. Time, IHESTATEATTHEBAR (CONTINUED FROM FIRST PAGE.) pie of his native Stale for iheir alleged rr.iscloiriss. He looked in rotund and portly person age, as ho mopped his perspiring brov.', like the immortal Mr. Pickwick, and, cer ininly. -when his flights of fancy were from time to time and not infrequently; interrupted by the ffjjyp legal thrusts of the court, put in the shape of appeals for information on points evidently rendered obscure by. ,the ."redundance of the figures < f speech in which the brilliant lawyer clothed his argument, he came to earth and floundered abajivJU:e as Dieken's hero writ! '.ing 1 in the caliches of the learned Sergeant Bur.fun. in the celebrated case of Bardell vs. Pickwick. A MEMORABLE SCEJCEJ; Thn scene which ,ehsued was one not unworthy of the occasion. The orator fe-fcd a theme which was not wanting in hs show of merit and justice from the standpoint of the Pariah race for whom it was ostensibly made, nnd he handled it in a large, expansive manner, and with a vigor of personal and political invective which evoked frequent demonstrations of ■unaccustomed- appLause in siich-a place Jrom dark lines of h's sympathies among u.p audience that not even the peremp tory voice of the court officer command ing "Order in the court" could entirely re press. The orator, from i time to time, lashed the Virginia leaders by name with scath ing sarcasm and ridicule, until the Chief Justice finally interrupted him by sug gesting that this was a court of law en- Kaged in the consideration of; grave legal and constitutional questions in which such personal allusions were irrelevant and out of place, and asked him to confine himself to the argument. Mr. Wise offered due apologies, and promised lo eliminate the nxgumentum ad hominemin future, but he failed to keep his word entirely, resorting to his favor ite weapon occasionally, in spite of him pelf. though Without using- names. . THE DRIFT OF THE ARGUMENT: He said that this was^ a contest of rival government; and ad mured that every official named in the suit was a duly au thorized oflicer of the State government. He claimed that an organized conspiracy had been entered into by the regularly constituted officers of the State to sup plant the chart of government to which they had sworn allegiance. The executive, legislative, and other branches of the government had betrayed the Constitution they had sworn to up hold, had raised a strange Hag and were mailing under false colors. They might call it what they pleased, but there were other names given to this conduct on the high seas than that they gave it. They ; were bound under tTie old Constitution ! and by me plighted faith of Virginia in resuming her place in the Union to sub roil the new Constitution to the electorate created and recognized by the old, and they had betrayed that obligation. THE LEES AXPAVISF.S. He thanked God that there were no- Lees and "Wises in tliat convention who could be charged with betraying the hand ' that had patted them. They wore a differ ent broeJ of men and made no pledges that they did not keep. They were not of those who had crowded to "Washington and logged to he permitted to come back into : the Union on any conditions Congress ; Tnicht stipulate, and they were not the j men to break the Constitution which some i who claimed the people of Virginia were crazy to adopt it ' at that time were willing to go. A HI STORICAI. REVIEW. The speaker then rehearsed the consti tutional history of 'Virginia "from the Or- . : dinance of Secession, through the Recon struction acts to The Constitution of ISC9. . ■ Ev*ry one of the States that had been out cf the Union were required; as a pre rrquiiriie to their return,; to subscribe to the provisions of those acts, and. by their adoption of them they were bound never to disfranchise any citizen or class of citi zons on account of race, color, or previous : condition of servitude. Thus, the right of the people of Virginia to hold a Consti tutional Convention wns circumscribed at 'he outset by the condition that it should i Ik- sub:nittcd to the electorate created at that time, ami that no change in the Con stitution should ever, operate to deprfve these people of their, franchise' LASTED. A GENERATION.. For thirty years Virginia had kept her pledge, the people had lived and pros jiosed under ihjs Constitution, r.nd'no.one <-- r cr dreamed that any one could break the pledges that had been given. Ani ih<-n crime the Constitutional Con vention of 1901-1902. The. members jwer« elwled with tlie pledge and .understand- if your estimate v of the Bank Clear ings of I Richmond for. 1 902 reaches this office , -before December Ist. The extra $15 is to in- duce you to get your^name on our books this week. Look Into It! ing that the instrument should be sub mitted to the people. No one dreamed that it would be railroaded through and adopted as an ordinance. The convention met in Richmond on the 12th day of June, and before they had gotten warm in their seats they discovered that they had not comchere to amend the Constitution, but that they had come here to eliminate the negro vote. How shall we get' rid of the negro vote? was the tune the body hearkened .to. What had they done in Mississippi? How did they work it in South Carolina? AN EXPERT MANIPULATOR. And then Mr. Wise singled out a well known statesman by name, who, he said, had manipulated negro votes before the convention, and was quite at home in the Lurinessi It Was here that the Chief Justice in terrupted a stream of gall, winged by linguistic lightning, with an almost plain tive regret that the learned counsel con fine himself to the argument. The Court: I wish you would avoid personal allusions. Mr. Wise. This is «. question of constitutional law and such allusions are irreievent. The orator's Pegasus came down with a thud and he apologized to the court while mopping his perspiring brow and looking around for the end of his threau wh:ch had escaped him in the confusion of the incident. THE OATH OF OFFICE. Only one member of the convention had taken the oath of office, said Mr. Wise. The others had refused to take it and the question was adjudicated and settled that the acts of an ofiicial who had not sub scribed to the oath where one was made. the prerequisite of holding the office, were null and void. They met and drew their pay and discussed and considered and finally concluded that they were not offi cials." They did not know what they were, but they were satisfied what they were not. He passed from one point to another very rapidly and without obvious connec tion and seemed to justify the expres sion of one el the attorneys present that his points were as "numerous as the sands of the sea-shore." but that he fali cd to stale in his petition a. single sound legal proposition. By curious rhetorical processes he ar rived at a statement of what his plain ! tiffs were. One of them, he said, had I been denied a vote because the new Con stitution only intended to include soldiers who fought in the war of IS3S and tnc war of ISCI. and not those who fought in the Indian war. COURT SCORES A POINT. Here the court made a' point, and Mr: Wise seemed to be worsted, yet his gift for oratory and expression came to his aid and in this case, as several times later, he was always ready with a reply, the vehemence and fire of which was in vivid contrast to the measured and cold tones of the Chief Justice. Laughter was evoked when a North Carolina case was cited t>y the Chiei Justice, and Mr. Wise, with his usual quickness, said that that was a point: on ■ his side. "I do not think so," answerea the Chief Justice, dryly. " DID NOT PURSUE REMEDY. The Court asked Mr. Wise if the com plainants undertook to register under the new Constitution and if they undertook to pursue the remedy to which they were entitled under the Constitution. Mr. Wise replied that one of the judges of the Corporation Court was out of town at the time, having gone fishing. The Court further asked if the con. plainants went to the Court of Appeals, and further v any one of them had offer ed to vote. sTo lhe c e cold, pitiless questions on mat ters of fact and detail Mr. Wise could only say that William H. Anderson offei od to vote, but his name appeared on the register as William A. Anderson, and he was. therefore, denied tne privilege. The Chief Justice: There was enough there to evoke the action or the Court of Appeals. That court had not been wiped out." Further remarks of the Chief Justice indicated his opinion that the remedy should have been sought in the Virginia courts and not in the U refusai! S to U Vake the oath. Mr AVise referred again to the oath question, and the court asked -whether the refusal to take the oath invalidated the Constitution. Although Mr. Wise in ssted thai it did. it was not apparent that the court agreed with him. Th? court went further, and said that it was a vcr\ old question, and was discussed fully 'in the book of Judge Tinson. of Chicago but that he did not think it vas ever settled. However, he did not think the oath question was the real ques tion. . . THE REAL QUESTION. The real question, the court said, was whether it was not a' de facto convention. The court asked if an ordinance was void because it was not an ordinary act ot legislation, and said that the question had come up from North Carolina to, the United States Court as to whether- bonds issued under an ordinance of the Con •.•'titutiomil Convention were valid, and it was then that Mr. Wise did not agree with the court. WENT OFF BY ITSELF. Mr Wise stated -that there were three questions which came, up before the con vcr.tion One was -Shall the Constitution be submitted to the electorate?" It said no The second was "Should the Con stitution be submitted to the. new «lcc tn^a+e'" .to which the convention an swered "No." The third was "Shall it go 'off by itself" and the convention swerer} -Yes"' by a vote of 47 to 3S. which ■was le«s than a majority of the conven tion The Chief Justice asked if it..wa= .^ majority of .the quorum, to which the IC |rr Wi3<vherc took up the legal aspect of* the case, and read many, extracts from decisions on constitutional questions and writers 'of constitutional law. such as- Coolcv. Vonlloits. and others. Mr. Wise declared that he could not refer this question to the Court of Appeals; because it? was a political office, and it seemed to his mind that this was a Rood reason for seeking the right from the United States courts. , SUPREME COURT DECLINED.. _ The Chief Justice then remarked that tho Supreme Court of the United .States refused to take jurisdiction t , was alleged that the criminal jurisdiction Texas had been obliterated, the; court • •ivimr that there was no revolution m TeVas and that therefore It divas', not proper for the United States rto interfere. \nd the Chief Justice 'also . referred a case from Kentucky., in a dispute;be tween two Governors ;ns to •whom was Cl rnSply,.to; a question: from; the Chief. Tmstice as to whether this v was fa.? f "1 1; iSSnst Estate. Mr. Wise declared :«:at yflli} .BICfIMOJf D DiSFATCH-^SATUKDAY. ; 29, 1902; Jt l.was ; not, and tried to show that officers arc i_not, the -State. -,;,.-,'. I v ■; ; vWRI^OF'PROHIBITIbNv \ ' " : I .The;: court ; remarked 7 that: the -writ v of ! prohibHlon lies f ronv one court' to*; another,: l and; that .where it had been ; heldj that the ! writv of ; prohibition' did He against t an. officer It would ibojagairist ; the ■ man .who : undertook U6 Usurp ."authority. 'of :a;board^ or an office, and- that; tho iwrit^ of * prohi bition, would have; to; run asainat; a board as a board, and the only " inference to be. drawn is that In- the; court's mind this ;wrlt ! sued- out against -executive Of ficers as a :board "of lofllcers" of |the| State was -a suit .against the State,' ; and tha court l declared that the first ' thing ; to be considered was the jurisdiction of the question. '.: _- • . - THE JURISDICTION. : This seemed to' be the question on which the answers of the defendants hinged and the-'questlon which the court felt must first be decided, and Mr. Wise begged'that time be'allowed for arranging his authorities, declaring that he -was worn:;out. ; ; - /. The court then, at 5:30 o'clock, took a recess for an hour. MR: -WISE RESUMES. The court reassembled promptly at 7 o'clock,' and Mr. Wise resumed" the ar gument where he left off, with 'the -pro-' mise, that he would soon come -to -the question of, jurisdiction, but denied that there was any express authority ; for tho convention to ordain the Constitu tion. He referred to the Constitution of 1563, ArticJe XII., as having- power to ■"-• control 'all future amendments. He referred to many authorities, the Wil lsamo'case, and others, and declared the Bill of Rights is a mere mockery in the face of what follows. He relied entirely on" the Revised Statutes, section 629, to bring his action in chancery. He cited tire Blanton case in Virginia ,to show that a suit against the orllcer 5s not necessarily a' suit against the State.: and again insisted that the act of Congress readmitting Virginia to the Union was that on which the jurisdiction of this court rested. : FOR LAZY LAWYERS. He then addressed himself to the writ of prohibition, and referred to the Eng lish law, on this subject and to the Amer ican and English Encyclopedia, apolo gizing for the use of this latter authority, but adding that it was the best- book for lasy lawyers, and "we all stick our noses in ft." ' But- the question seemed $p bo not whether' this writ can be 'issued, but whether it can be issued by this court. Thte Chief Justice here asked him: ' . '"How can you prohibit that ; which is not a body?" and added that this is the same board as was constituted under the old law. Here Mr. Wise grew eloquent on the election machinery, and said that tire election machinery was here, but that they have put a new cog into it. that this' is the grind out of the machine (re ferring to th-e Board of Canvassers), and that it reminded him of a fish fertilizer manufactory from which he had just .come. You put the tish in find he comes out a good fertilizer. He said he did not want to annoy the court with, spelling appro pie, but the mechanism of this machine was: First, three representa tives of the machine; a man comes to vote; then these three "count the vote ; to suit themselves; then the vote is sent to the county commissioners, where it gets another shake down: they certify the aggregate lo the Secretary: of the Common walth, and he calls the board when he sVes fit and has the vote tabu lated to suit himself. Here is where my man suffers. ■• . THE HOUSE THE JUDGE. The Chief Justice here remarked: "The Hout-e Is- the judge of the qualifications of its own members, and there is no way of ignoring this fact." Mr. Wise replied: "I am not ing the house, but the man who has no meal in his house." ' He' did not want the house taken from ov'or his. head, cind he wanted to protect the tax-paying citi zens from the curtailment of their liber ties. ' ■ The court here remarked that the writ of prohibition never goes where there Js another remedy. Mr. Wise apologized for reference to the Hon. John Goode. in his speech in the afternoon, and said that he was human: that when he saw a head he [ liked to tap it. and he. did see , some sticking up over the crowd. Mr. AVise said that the right . of Congress to act does not exist until a certificate is issued, 1 and this is what they desired to pre vent. . . LEGAL AND LOGICAL. Here Mr. Wise rested the case of the plaintiffs, and Mr. Christian began the reply. He spoke in most remarkable con trast to the Gpe'och of Mr. Wise. The whole utterances of Mr. Christian were clearly logical and convincing, and sustained by a striking array of authori ties. He said he would ' address himself to the jurisdiction, for. as a learn..-d judge had said, jurisdiction always pre cedes discretion: " . , The first point in the answer was that there was no jurisdiction in the equity court, and that thvj suit against Vir ginia - was contrary to the eleventh amendment of the Constitution of the United States. That no court of equity has jurisdiction, because thy? question is merely- governmental and political. Both run Into each other anfl no bill In equity can be suatalrted to attempt to prr such political and governmental actions. THEIR REMEDY. . .. He showed that the Constitution gave the right to these citizens to apply to the State courts, and they had the right of appval to the Supreme Court -of Vir ginia. That only one of the complain ants—William 11. Anderson— applied to vote, and the books showed that only William A. Anderson was registered, and it was proper to reject his vote, there being many Andersons in the City Direc tory. That it was the duty of the voter to examine the registration books. to see that he was properly registered. Suppose that they were without rem edy, he still maintained that . this suit would not lte. Because the fact that the election has been made and carried against his vote, is a mere consequonco of the violation of this risrht, and has no right to step this board to issue the certificate and thus disfranchise every other voter. ENTITLED TO TEN ■ REPRESENTA • * TIVES. Mr. Christian laid great stress on the fact that Virginia was entitled to ten representatives in Congress, • and if this court could prevent temporarily the granting of the certificate, it could pre vent its being granted permanently, and thus it would be-in the. power of a single judge to change the: political complexion of Congress, and if Mr.. Wises's conten tion were maintained the whole State of Virginia could bVi reconstructed I and given to the Republican party. Mr. Christian clearly showed -that the suit against the officers in this case was a suit against 'the ; State, and as such could not be maintained. That a suit for damages to property rights m'>ht be maintained .by an individual, and Mr. Justice Miller had said, in _ the railroad company against the State in a case coming up from Texas, where the right to the land was not, mingled with the Oth«r interests of the road, that in undertaking to enjoin the Registrar of the Land Office from issuing land war rahts. ] the court goes to the verge of the doctrine, and it must be extended no further in actions against the State. POOR.; COMFORT. Cold Water Drlpkcr Finds a Relief in Postum Coffee. . Our American "people, who are nervou» and overstrained, would never drink cof fee if they knew 'how' Well and clea'i-. headed the>^would be without it. : •'When I was a little child," says Miss M. D' Alt, of Topcka, Kan.,""! commenc ed the drinking of coffee. Naturally ner vous* it made me as the years went on. a. most miserable wretch, always In an unnatural state ;of excitement. I found, as I grew older, that I. would at tlme^ stagger as ay drunken -person. It wan coffee, for I had no desire to drink any thing in" liquors. .-. . "My health was /very, bad and; my brother and I "were talking of quitting coffee, when' l was stricken with typhoid fever. Upon my", recovery, my. brothe« wisely allowed me no coffee ; and said if I wished to be well again, I must stop Its use. t ' ' ': . ■ : ' . • . '.'For a number of years cold water .was my only..;drink. ;but: this was- poor ..com fort until about three. years ago a package of Postum Food Coffee was left kt our house. We prepared it • as Vdireeted and found i a wholesome,; delicious drink; more timnthis.. it has strengthenefl me without causing; those terrible .'after (effects' fornv erly : ; left upon me by coffee. ; .:_ L V "' "X-. recommend Postum to : 'all?my friends ands'in my, varied • experience, v ;l' find it a safe drink without 1 "effect on : the ; nerves and the only one .which with me has filled a long-felt I want.' > '-■, \ Many people who have stopped drinking coffee 'because 'of its ;: effect -toil: the" nerves. Will v find"; the fpit^n' food* drink.^ Postum > a bevem ge .•-.that" . .when;: properly; 'made 'tonch e« V the sspo t," pi eases eye. and v pal at c and fills\^e, vacancy vaav^nofother drlnV can/ J " - Free Medical Advice to Women. Every sick cud Eiliujj womflu, ■ -^^\^ ' Every young girl who suffers monthly, .. ■'"■■ * \ Every woman who is approaching maternity, Every woman who feels that life is a burden; Every woman who has irfed all other means to regain health without success, Every woman who is going through that critical time — the change of Hie — is invited to write to Mrs. Pinkham, Lynn, Mass., in regard to her trouble, and the most expert advice telling exactly how to obtain a CURE will be sent abso lutely free of cost. The one thing that qualifies a person to give advice on any subject is experience— experience creates knowledge. , ]N T o other person has so.wide an experience "with female ills nor such a-record of successes Mrs. Pinlcham has had. ; " Over a hundi-ed thousand cases. come before her each year. Some personally, others by mail. And this has been going on for twenty years, day after day, and day after day. Twenty years of constant success—think of the knowledge, thus gained! ■ Surely women are wise in seeMng advice from a woman with such an experience, especially when it is free. Mrs. Hayes, of Boston, wrote to Mrs. Pinkham when she ;tva» in gTeat trouble. Her letter shows the result. There are actually thousands of such letters in Mrs. Pinkham's possession. • ' "De YE MR" PryKHAM : — I have been under doctors' -Wfcateient for femalo troubles for some time, but without any relief. ; They novr tell me I have a fibroid tumor. I cannot sit down without great pain, and the soreness extends up ray spine. I have bearing- down pains both back and front. : My abdomen is swollen I cannot wear my clothes with any comfort, is dreadfully swollen, and I have had. flowing spells for three years. .My appetite is not irooa. I cannot -walk or be on my feet for any length of time. A -T "The symptoms of Fibroid Tumor, given in your little book, accurately describe my case, so I write to you for advice." — Mrs. E. F. Hayes, 253 Dudley St.. (Boston), Koxbury, Mass. ' % . " Deak Mrs. PijnniAir: — I wrote to you describing 1 my symptoms, and asked your advice. You replied, and I followed all your directions carefully for several months, and to-day I am a well woman. -..--. " The use of Lydia E. Pinkfeaxn's Vegetable Compound, together with your advice, carefully f ollowed; entirely expelled the tumor, and strength ened the whole system. I can walk miles now. ■ . - _ . . "Your Vegetable Compound is worth five ; dollars a drop.^ I advise all women who are afflicted with tumors, or any female trouble, to write you for advice, and give it a faithful trial." — Mrs. E. F. Uayes, 252 Dualey St. (Boston), Koxbury, Mass. : , . . ,'..'/ Mrs. Hayes will gladly answer any and all letters that may be addressed to her asking about her illness, and how Mrs.' Pinkham helped her. -'"..-- ■'"'.'.'" if tto ci'nhot forth-^rith produco tho ori^ihnl lettor.and signatura ot >^" USE H above testlmouial, which will prove it 3 absolute Ken'iineness. • _ 11 11 || V~UUIV ~ UUI ' iydia E. PinUUam lledlcino Co., Xynn, Mag*. MERELY TO ADD UP VOTES. He here said that the duty of the Board of Canvassers was merely to add up votes and to discharge no duty in which they had any personal interests, whatever, and it is don*e to enable thi3 State to enjoy her representation in Con gress, and, "therefore,- they act solely for the-State. and this suit is against the Stat". Mr. Christian said the State Court could have taken jurisdiction, but not; this court, and - that there was a differ-* ence between this and the Slemp . case, that application there -made was _ on ; be half of the congressman himself, inai the rights here sought wcre_ purely politi cal and governmental rights, and the court of equity has only jurisdiction ot PHP H P e C [nen ri c!^d- Mills against Green from South Carolina, decided in this circuit in which the relief sought touched purely political matters/and the relief was not granted, on the 'ground .that -It was not within the equitable jurisdiction. The Chief Justice recalled this decision and" said that he could not reverse that case, it not having been reversed by the United States Supreme Court. . That it was impossible for one party to have a right inconsistent -with, .the' right of other parties to that right. It the plaintiffs should bring this suit to prevent- .. the counting of these votes he and others would have a right to bring a suit to have the votes counted. Onl> the public could bring a suit to abate a public nuisance, and an individual -.o abate such nuisance in so far as v af- WRIT. Mr. Christian then took, up the writ of prohibition, and following the lines suggested by the Chief Justice in the at ternoon said that such a writ issues only to a court, and from a superior to an Inferior court, and only against a body such as .the State Board of Canvassers when acting as a judicial body, citing Birch 'against Hudge. 23 Grattan, 51j from Lynchburg. -where- the writ was denied, and also, in supervisors of . Culpeper >-s. Gorrel and others, - Jn 20 Grattan. Mr Christian declared that . the -Board of Canvassers was a .. ministerial body, and that it was not inferior, to this hoii-; orable court; that this court had no right to trespass on ithe rights of this board.- Mr Christian started to suggest a reme-. dy for the plaintiffs, but added that it was not for him to tell them how ..they should proceed.. . \ -^ He took up. the merits of the case, and; Insisted that the proclamation was legal.' That the Mississippi Constitution was proclaimed, but that the pointwas not considered of sufficient weight, in -Wil-. Hams vs. - Mississippi, one of the.; best known cases relating . to the new Con T stitution adopted by the Southern States. EXCEEDED ITS POWERS. - .He showed that the Constitution of 18G3 limited. the Legislature to the, mere power to provide • for the election of delegates, : and said • that when- the .Legislature .un-; dertook to require the^convention to:sub rrit the Constitution to'the people it ex ceeded its powers under the old -Consti tution; ";.>-. ; : ■--■ ■_■■ '. ■•--■-■ ,''-'■-"' ; The Chief Justice, here asked, whether the new- Constitution had been approved by the Legislature.' and was informed that it 'had \ been recognized v.by ,a; joint resolution; : ■■-:,.>: '■'."..■'"'': I Mr. Christian then referred to the case from * Texas," which 'had been referred to by the Chief Justice": in '..the. afternoon, where ;. this writ . : had ■ been -> denied. -He showed ..lat . he was ' a genuine lawyer, and not a politician, ,-by* declaring that the 'Constitution had "been formed , with a purpoe of disfranchising; no ; opercon trary to -the -Fourteenth:: and '-.Fifteenth amendments of the Constitution of -'the United States, but -maintained.- the- right of the" people ' ■: of /the •) State -to « regulate •Its: suffrage according^ to 'the^ merits; of the voters. -: : - . • \\- -■ •..,■..;■.- v? He laid great stress: upon the s present operation of all -departments of -the -State Government; iandishowed' the court what dlfflcultiesi would' arise if the; court grant-; mi>thes« ;-writs.t v - vV" ', V '•/ - -■■:- ■; j-i < Mr. "Wise here . inquired - whether- the Circuit Court- of the United ;States;would ; •havel-jurisdiction' 1 to > prevent .the^. State* Boards of s Canvassers If ronu throwing -dice to^settle^these/elcetlohs^y ;; o» v,> - : ; To -^ which? Mr. (Christian replied* that »it could ■ have: no jurisdiction" inreithercas^ He said the convention had been com posed of men of the best ability and high est character in this Commonwealth, ana an attack upon them is an attack upon the people of this State, and he leuiaiiviid that Burke said he could not draw an indictment against a whole people, out such a man has-been found in this case. ... Mr. Christian then in a few. words dis .miEssd the " oath question- by declaring that the delegates were. not officers but agents of tno. people, and it would have been illogical for them- to take tne oath, and that \ey were bound as much by not taking It as if they had taken it. "The court, here adjourned until this morning. • . .. The following persons were among: j those present 'in the court-room: Judge Keith. Hon. Cartef Glass, Hon. John A. Lamb, Lieutenant-Governor Willard, .-< R. B. Turnbull, of Brunswick; Boaz. of Charlottcsviile;-D. Q..Eggleston, and Wil liam A. Anderson (all of whom, with" l the exception of Judge Keith and the-, later two, -were members' ot" the Consti ttitional Convention), the latter two-of;' whom were defendants in these suits;-' most of the bar of- the city, and many members of the Legislature, - including Senator Shackleford, of Orange; William P. Barksdale, of Halifax, and -Mr. Duke, of Charlottesville; representatives from Norfolk, Hon. Sam Kelley and Gardner. Among the Republicans were Park Ag- . new and Day. Richardson. . ■ DID NOT MAKE HIM FEAR. . After the adjournment Mr. Carter Glass said he was not a lawyer, but he yen- 1 tured the opinion that as to the presen-> tation of the legal, phases of the ques tion, Mr. Wise's argument did not make him fear for his seat in Congress.-- This may be taken to be the general opinion of all who were present, that so far .Mr.' Wise has failed to make a point, , !f BUOTKEIIIIOOD OV ST. ANDREW. '"■ ; The Brotherhood; of St. Andrew held ' their annual celebration, last night at * 8 o'clock, at St. James"' Episcopal church? AH the chapters of the city met^n tn» lecture-room a quarter of an hour before the service an entered the church in a body. The service was conducted by tftc bishop of the' diocese. Right Rev. Robert- A. Gibson,- who was' assisted by the rec-j tor, . Rev. W. Meade- Clarke. Addresses" v/ere delivered. by Mr. Churchill Chamber- ! layne, of /Virginia, and Mr. Remington l of Pennsylvania, both of whom are si\i T dents at thd Theological .Seminary,; at ( Alexandria,. Va. ;" ? The celebration wa£, very, well attended: and quite a number* of young men were '• present. A mala choir of nearly thirty voices rendered" a, hymn at the offertory..; DEATHS; WOOD— Died. Thursday night. Novem ber £7. in-2. ELIZABETH PRICE; wife of • T. "W. Wood. . i ;.' '-'■:: '.;'-. > ■'.; '.'A i -Funeral • frcnV St. James Episcopal^ church. Fifth" and. Marshal/ streets, THIS (Saturday) AFTERNOON at 3:?.o;o" clock* : •Fi'iends'i'.of the; fanillyj are. Invited to at-* tend.. Interment 7 in. Holly wood . Cemetery.-' .... > . ■ . ■ - -=■--- .- -■ - .. - . - •■ - ■ t ■': ROGERS.— Died, at the residence of tier husband. A. F.. Rogers. 1800: Cedar. streer, i; Mrs. ; ANNIE C. ROGERS, in the .45th - .year of. her age. ..• _. ._.- - % iv » The funeral , will take; place from Christ j Episcopal church SUNDAY at-3:30 P. M. \nterßient /in Oakwood Cemetery. She' leaves a devoted husband' and two chll^ dren; Mrs. R.T.; Graves' and Miss Gusslfi.^ Rogers.. : -".- ; . ; --V." •'■ •. ■ -; "'■'• " " ; •.•':.-,« Call not. back ithe' dear; departed^; '" " ' ■]■ Anchored - safe where storms '• are o'er. ?'} Onithe.barder-landwe.left her^i .;•;;' ". v ' Soph: to meet, to partno more", s Far ; beyond /this 'world; of, changes; : : : ;j r :- Fnrji beyond ;.th is "^wor Id %of v^are : ; . ; : . '•■•- V' "We shall' find r our mlssiri jyjoved v 6ne, • r • ■-■* ■ 3>ln^bur)Fath^r's}mansicn'.falr/ v . • ? lilillli IGRATCE SCOTT; W^? ■\' T ?}'X IP FICTURE IN ROSEMARYitAST XIGHT THE PLAT SCORED V A HIT; Prettr Love Story/ Well Portrayed by Glffen Company Before » Larse »'.:Andience at Academy ot Mimic. ;«f,"Kosemary. That's for, ReoemfS, JJut it is not : the Kosemary^at^akes meirecalli a vision^^4 ' f^A^of a young W&sure to ■ see behind * the m «"f "B"'^ ; «Ihc youne woman t »™|' o ™, I 'l' e ™3J noneother-.than-Orayce Scott, jliogMW her reappearance Kith t6= OHten com entrance in the second^ act. The piaj •which served to rein'troduce Miss *f*g±\ i'to the - local stage was "Kosemary,__ a comedy drama m three acts Iheplay was originally produced by John Drew SI Maude Adams in the • metropolis .a number of years ago. before -the latter had attalftcd stellar, honors. It ran tor nearly an entire season --In- h /«^ and was afterwards Played upon;Uxe road 'with unqualified success by Drew and ■Miss Adams, and after v/ards b> .Oti» .Sinner. LQVJ? STORY. . ,o "Rosemary" .is an- idylic - love storj .sweetly, yet pathetically, told. It tells %i the unrequited love of a middle-aged bachelor, Sir -Jasper Thorndyke, for an ingenuous .young girl. -Dorothy,.Crmk shank. whose heart had been given to another. The only thing that Sir. Jasper had to comfort him in his declining years was a sprig of Rosemary,; given, him by the young woman, which ne cherished and kept secret until his death . There was not a breath of scandal or a salacious word or thought throughout the entlre COMPANY- ACCEPTAiIu.." -In the hands of : the -*in!en Company ,rßosemary" was not a success,^, either .was it a dire failure. Frank Matheu 'made an acceptable Sir Jasper m all but •the last act. which the' dramatists -have • seen fit to term an appendix. . Here ila theu utterly failed to realize an old man •character, "and the play was thus given ,a rather ridiculous ending. It JS.an act that could be well omitted, and the play ■would be materially improved by so do : Mi«s Scott was more thancharming as Dollie. and the other members of the cs^t acquitted themselves with credit. Special praise is due H. D. Blakemore for his most excellent characterization of | Cat) tain Cruikshank. He^maaasea .to evoive all the humor possible out of trie part. "Rosemary" is a pretty part, and those who admire' a pure, clean" drama I will no doubt avail themselves of the op- Ipbrtunity to witness the matinee and evening performances to-day. ni'ent of the comedy. "The Major, and the Judge." at the Bijou, the usual mat incp being given this afternoon. 1 his show as it now stands is changed m ma terial form from the original, and in this new form "it. is drawing large audi ences. The advance sale for matinee and night is very heavy. • Two plays in marked contrast will be presented at the Bijou Theatre next week hv the George Fa wcett Company, with Mary Show from Baltimore. Those who line thrills and exciting adventures, may see "Dr. JeKvll and Mr. Hyde" four nights of the week. George Fawcett wilt play the dual role of Henry Jekyll, up right and hororablc. physician ami W.i ward Hyde, arch-fiend and murderer. The play wns one of Mansfield's most sensa tional successes.- .■ " \, ' i two nights and two matinees the •bill will be "Peaceful Valley," a .rural comedy drama, in which the late Sol Smith Russel starred fcr many years Mr. Fawcett will be seen in the role of Hosea Howe a country youth. who works at a summer hotel to pay his way through college. ... - BILLY ROACH'S FALL lie.Came Xear Cclebratlnjr His tast Jap:. William Roach, one of the old-time tanks of Richmond, who has been at the business for years and who Is well-known to the police authorities, came near cele brating his.last jag yesterday. ; , ..He increased his load to such a degree that walking became an effort, but having I suffered from general de- bility and nervous prostration, and Eipans Tabules have put me where I am. now as I did before I ever was sict. At Druggists. The five-cent package ; is enough for an ordinary -occasion. The ;bottle; Oo cents, contains a supply for a year. "Ye diners-out from whom we guard ;bur " '- ■:. : ,r^6»'Ansiaidnc^y.aFW3trc>-;; '-',\ phizcd would fcavc Iwn doab^ \. hadj^die spoon* V been of ; ; GorJEiam Silver so admirably; fashioned that to :see. them is to covet. v Yet so moder ate in price, are these: ; masterpieces of the sil versmith's ait that they are within everybody's reach. To make ; sure ' that you get Gorham silver insist on seeing the "trade-mark. ff STCTUNO 3 ■ keep it learned the business from the start, he knew.it would- never, do to>it down. for. v he •3id"he"wbuld certainly, wake up" In the station-house,- so' he kept bravely- on. Suddenly while making his way up* the street, he struck an" uneven place arid pitched forward/ landing on his head, he lick stunned him and laid a gash ot several., inches ; across '\ his head, from which the blood flowed freely. :. "-: He was picked up arid taken to the Sec ond Police Station,' where the ambulance was called and the wound sewed up: Four stitches were taken. He will recover. C CHARLOTTE TOUCHED HIM. First She Bumped tbe Coanirymnn, . Then Cot His Money. • Charlotte: Da vl3 is. a pickpocket in all truth. "Yesterday she spied a countryman, whom she thought looked like he had money on hini. She hailed him and of fered to buy the load of . wood on which he was ridingf. ■ ' " . As the .sale of. this same wood was one of his reasons'" for coming- to town,, the countryman agreed, and soon the wood was on the pavement, on Seventeenth, near Broach where Charlotte Uve3. Then, the question arose of how the wood was. to get into 'the house, and- finally Char lottee persuaded the man, Mr. J. W. Fisher, to carry It in, at once beginnini to help him. Both worked hard and .well, and nearly all the wood was in. Several times Char lottee had bumped against air. Fisher, but' he t.iought it an accident and paid no attention to her.. These were Charlotte's sly tactic 3. Sh* W33 paving her way.. When; she thought the time propitious she rot behind him and ''touched" him. : Mr. Fisher was not the country.man he Mooked. He felt a stealthy hand slip into his pocket,- the pocket In which he had $55. and he knew what was up.' As soon as it slipped but .j slipped in, arid, of course, found the ?5: cone. . ''.:.'. Then trouble began, and Charlotte, scarec but wary." began to realize that she had met her Waterloo. She is locked in the First Police Station, and will be brou^t to trial to-day. _ A StoVe Kol>t»eil. '.' The little store of R.-Nunnally. at No. 10S north Eighteenth street, .was en tered by thieves Thursday night, and twenty pounds 'of butter, valued at : ?2. was stolen. The matter was reported to the police, who are on the lookout for the thieves. ' . : Mr. Blaise- -Will "Sot linn. - Mr. George McD. Blake stated yester day that his name would not -be used as- a candidate to succeed Councilman 3lanks, of Lee Ward. - . , '■■_ '■ . A number of Mr. Blake's MmnOm B*va urged him to allow his named to txrvned. but he stated that he could not afford to lose so much time from his business, and -therefore would not be a candidate. I feel as well tf**/?SO