The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-06-08

condition of sefvitude, such suit or proceeding
may be Instituted In the Circuit or District Coufi
Of the United states Of the circuit or district ID
which eucb person resides"
From this IL appears that the cases In which
the Circuit Courts have Jurisdiction Of such
actions AZ this, are limited 10 those In which IL
shall appear that the sole question touching the
title 10 sueh office arises out Of the danjal pf the
riebt TO vote, to ctis ans who 30 offered to vote,
on account OF race, color previous eundi ion OF
servitude. aud that the jurisdiction of the Circuit
Court u only given TO the extent Of determining
the rights o. the parties to such Off ,e, by reason
Oh the denial OF the right guaranteed by the Ut
teenth article Of amendment 10 the. constitution
| Of the United States secured by that act.
Ihefe is no doubt but that the scope OF this
statute, under the limitations which II contains,
estends Il ON The first act required 10 be done In
The mat CT OF an election down TO aud including
the final aud effective canvass Of the vetes 10y the
officers who are charged with the dnls OF deter.
mining and certifying the result. 1t. IN any of
| the etages Of an election in registration In the
receipt Of votes, the certificates OF The votes by
| The local authorities or the fnal canvass OF the
votes or the certificate OF election by the Return
| Ing Board, there had teen such denial Of the
| right TO vote az the statute eehtemplates on
account of race. color or previous condition
| of serviuie. that matter this court would have
| had, Under the act Of Congress, uisdittion 10
inquire into and adjudicate upon. aud II may de-
tel mine The rights of the parties TO offine 40 far
| as they depend upon the denial Of the right
guaranteed by The fifteenth article Of The amend
ment TO The constitution. But The iurlsditt on Of
the court gins aud enda with The denial Of the
right to vote.
II, therefore. there is n preliminary exclusion
| or All exclusion at the polls. aud thai error is
corrected by the proper Etete authorities and
there ie no final aud effective exclusion nj votes
or discrimination, or II after an election has been
held and the reeult reached and declared with
out discrimination or exclusion from, any cause
The person elected IL deprived Of his office then
the statnte closes the doorway up the uris
aiction Of this court. The defeat uF 4 candidate
at an election or his deprivation Of an election,
must be aeeon1pli he'd by the machinery Of
the election, and one of its stages end
must be contained in the result. IT The election
terminates IN the success 81 the candidate. the
essential ground # jurisdiction OH the pat Of
This court is wanting The wrong which Tie petit
ton sets forth IL that, after being elected aud
installed, he has not been retained In The office
The object Of The statute was tn secure M cleo
ton free from all poseible exclusion anv of the
specified grounds. IL secured this object by
giving TO this court jurisdiction TO correct
through this form Of action such exclusion
ELECTED by the machinery or practices attending
the election. When, M he petitioner alleges, ali
HE has been accomplished, and the very reant |
arrived at by the statute has been worked out aud
declared, the statute gives no Jurisdiction over |
cause merely to enable party to physically re- |
tain or regain All Office to which be had title |
established by ali election. and from which he |
has subsequently been elected, In this case the |
question by virtue Of which the court |
uld take Jurisdiction, and by the terms |
or the statute 1t must be unlnxed with any |
other qu' elton. is not presented. According 10 |
the allegations Of the petition, Tie election had |
been completed for four month"; when the orster
took place. aud his loss OF Office Ia az independ-
emf Of any denial Of the right TO vote az II he
foreign invasion. claiming authority by the right
Of conquest, Let the cetiton be jjauiiased.