The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-03-29

WEDNESDAYS. % AsSGn 20 1910
IA Decision CHAT Is Really Important t.
We publish eisewhss-ss "a long opinion Of
the Supreme Court OF the Unilea saAtes In
an interesting case. That case went Oh, how
ever, on defective indictment. Here FOL.
lows the report Of q decision In which q
much more important opinion was read, but
unfortunately the reporter did osappreciate
che magnitude of the issues involved in the
decision. We quote:
ANOTHER IMPORTANT DEcfstoS.--No. 145l,
the United States, plaintiffs, us. Hiram Reese
and Matthew Fslshe. IN error to the Circuit
Court OF the United States for the District OF
Kentucky. Mr.. Chief Justice Waite delivered
the opinion Of the court. This case comes
here By reason Of division OF opinion De'
tween the judges of tho Circuit Court ia the
district or Kentucky. 1t presents an indict-
ment containing four counts under sections
3 sni 4 of the act of May 81, 1870, 10 statute
1901. against two of the inspectors Of a mu.
,nisipsl election in the State Of Kentucky
for refusing to receive and count at such
election the vote Of w illism Garner cisi-
gen Of the United States, Of African descent.
Az the questions presented By the certih.
cate Of division arose. upon general demur-
rers TO the several counts Of the indictment.
In this count the United States abandon the
first and third counts, and expressly waive
the consideration Of all claims not arising out
OF the enforcement Of the fifteenth amend
ment Of tie Constitution. After this con.
cession the principal question left for con-
si7eration is whether the act under which
the indictment Is found can be made effective
for the punishment Of inspectors OF election
who refuse TO receive and count the votes OF
citizens OF the United States having all the
qualifications OF voters because of their race,
color, or previous condition of servitude.
The Chief Justice reviews elaborateiy and
exbaustively the provision of the law under
which the action arises, and says in conclu'
sion: We must therefore decide that Con-
greSs has not as yet provided by appropriate
LEGISLATION for the punishment Of the offence
chaTged in the Indictment, aud that the Cir
cult Court properly sustained the demurrer,
and gave judgment for the defendants.
The judgment Of the Circuit Court
is affirmed.
Dissenting, Mr.. Justice Hunt. Mr.. Justice
Clifford diSsented from the opinion, but con-
Cured in the judgment.
That decision, If correctly reported, puts
an epd to all such prosecutions OF our people
IS were involved In the Petersburg cases.
TIE Chief Justice declares that Congress has
not as yet provided any punishment for re-
fusing to receive negro votes. We add that
it never will provide any.
This is good news 10 the southern people.
Perhaps Mr.. GooDE will be sorry that he and
our other Democratic friends in Congress
agreed to pass bill regulating even con.
sressionsl aud presidential elections.
P. S. Since writing the above We have re-
csiyed the Washington Republican, which
gives Chiet.Justice YATES opinion as fol.
lows:
The Koniucky Case.
The United States. plaintiffs, Us. Hiram
Reese and Matthew Foushee. In error to
the Circus. Court of the United States for the
District Of Kentucky. Mr. Chief-Justice
Waite delivered the opinion OF the court
The case comes here by reason Of division
Of opinion between the judges of the Circuit
Court in the District OF Kentucky. 1t pre-
sents an Indictment containing four counts
under sections 8 and Of the act Of May 81,
1870 16 statute 140), against two OF the in.
spectors Of municipal election in the State
OF Kentucky for refusing to receive and
count at such election the vote Of William
Garner, citizen of the United States OF AZ.
rican descent. All the questions presented
by the certificate of division arose upon gen.
eral deirurrers to the several counts OF the
indictment.
In this court the United States abandon
Che first acd third counts, aud expressly
waive the consideration of all claims net
arising out Of the enforcement Of the fifteenth
amendment of the Constitution.
After this concession the principal ques.
ton left for consideration il, whether the act
under which the indictment Is found can be
made effective for the punishment Of inspec-
tors Of elections who refuse TO receive and
count the votes Of citizens Of the United
States having all the qualifications OF voters
because of their race, color, or previous con.
,di.ion of servitude.
If Congress had not declared an act done
within State to be crime against the
United States the courts have no power to
treat 1t as such UNITED States Us. Hudson, Z
Crsuch, 32). It is not claimed that there is
apy statute which can reach this case, unless
it be the one in question.
Looking, then, to this statute, we find that
its FIRST section provides that all citizens OIL
Che United States who are or shall DO other.
wise qualified by law
TO VOTE AT ANY ELECTION,
&c, shall be entitled and allowed to vote
therest without distinction of race, color, or
previous condition of seryitude, any consti-
tuition, &C., Of the State to the contrary not.
withstanding. This simply declares right
without providing punishment for its vic.
lation.
The second section provides for the pun.
ishment of any officer charged with the duty
of furnishing to citizens IA opportunity to
perform any act which by the Constitution
or laws Of any State Is made prerequisite
or qualification Of voting who shall omit to
give all citizens of the United States the same
and equal opportunity to perform such pre-.
requisite, and become qualified ON account OF
the race, color, or previous condition OF
servitude of the applicant. This does not
aIp|y to or include the inspectors of cleo.
tion, whose only duty it is to receive and
count the votes of citizens designated by Ia W
as voters, who have already become qualified
to vote at the election.
The third section Is to the effect that when.
ever, by or under the Constitution or law.
Of any State, &C., any act is or shall be re.
.Quired to be done by any citizen rs prere.
quisite to qualify or entitle biR to vote, the
offer of such citizen to perform the act re.
faii to be carried into execution by reason OF
Che wrongful act or omission "aforeSaid y
of the person or officer charged with the
duty OF receiving or permitting such per.
Torrance or offer to perform, or acting there.
= n = ~.Af--. l.