The daily gazette., 1878-02-02
SECOND EDITION
Special TO the Baltimore sun. d % aT
4 FROM WASHINGTON.

- HRyM WAShhAN0IVN.
Louisiana Returning ID 4
Case Another Appeal 10 the
United states Supreme Court
The Case Before Justice
Bradley. si4.sl x ,.iai
~ WASHINGTON, Feb. I.-Several weeks
since Messrs. Cullum and CasteIlanos
and Mr.. John Ryan, the counsel for the
Louisiana returning board, made ap-
plication to Mr.. Justice Bradley, of the
supreme Court ofthe United States, for
Al order of removal Of the case Of the re-
tn rning board to ibe United States CIR
cult Ceurt tor the district Of Louisiana.
The application was made under the
provisions of section 643 Of the revised
statutes, which provides for the removal
OF suits brought OH account of any act
done or alleged to be done under the
provisions OF the United States laws re-
lative to the elective franchise. After
due confederation Justice Bradley re-
fused TO grant the application, and
wrote out an opinion giving bis reasons,
which was transmitted to New Orleans
to be placed on Gle tn the Circuit
Court. The fact of this application
seems TO have been kept q profound
secret by the counsel for the returning
board, as up to this time 10 public
mention has been made of IL.
Justice Bradley, In conversation with
yonr correspondent to-day, spoke of the
circumstance of this application to him,
and was rather surprised that he had
seen no allution SIT IN any Of the pub
lie prints of New Orleans or elsewhere.
fhe counsel for the returning board
were not entirely discouraged, by the
result Of this .frst appeal 10 Justice
Baadley. To-day they made second
I application to him for q removal of the
case TO the United States Circuit Court.
This second spplication.is based on the
provisions ofssections 641a and 1917 OF
the revised statutes. ad.asf.t A, ~
sectioa 64i. or that portion Of y relied
the citil rights act Of 1855, aud provides
for the transfer to the United States
Circuit Court any civil suit or criminal
prosecution commenced in any State
| court for any cause Whatever against any
person who In denied or cannot enforce
In the judicial tribunals Of the State, OF
in the part Of the State where such suit
or prosecution is pending, any right re.
cured to him by ,any law providing for
the equal civil rights Of citizens Of the
United States."A &c. Section 1877 adam.
ted from the enforcement act of NAV
1876, provides that "all persons within
the judrisdicuon of the United States
shall have tbe same right in every State
and Territory to make and enforce con
tracts, TO sue, be parties to give evidence,
aud to the full and equal benefit of al
laws and proceedings for the So curity OF
persons and property az Is enjoyed by
white citizens, and shall be subject tC
bke epunishinents, pains, penalties, taxes
| hcenses and exactions OF every kind and
This latter section is quoted principal
iy for the benefit of the colored mem bers
OF the board, who claim that they will be
| deprived of the equal rights to which
| they are entitled under the law. All four
Of the member, claim that in the frial
before the State courts they cannot have
l equal justice with other citizens Of the
State. 1t has already been stated In
this correspondence that application for
the removal of the case was not made to
the United States district Judge for Louis,
lana because the parties interested had
good reason to fear that IL would not re-
| ceive favorable consideration. 1t Is
probable that application was not made
70 Judge Woods, of the United States
Circuit Court, for the same reason.
The counsel state that the reason they
did not apply to Judge Woods was be-
cause he was not in New Orleans. Judge
Woods, however, lives in Mobile, which
| w ashington Is, and it would seem t.
have been easier to reach him than tc
come all the way here after Justice
| Bradley. Justice Bradley devoted con
siderable time to-day to the examination
of the subject, and it is understood tina
he consulted informally with the Chie
Justice and others of his associates will
rega d to 1t. b. 1881
| Ex-Gov WELLS IN wAsHINGToN-HI.
PURPOSES AND THHEATs, ETC.
| WASHINGTON, FEB. IA gentlemal
of Louisiana, who is generally well in
Termed of passing events in that State
says that Ex-Governor Wells arrived IL
Washington yesterday and took lodging
in private house, not caring to have
his locality publicly known, but that q
small circle of public men have beer
| confidentially informed that he is in the
city, and that his demand on them is for
protection from pending prosecution In
New Orleans. 1fthey Should be unsuc.
cessful in furnishing 1t he would leave
the county provided means were
| furnished to enable him to
i've independently abroad, otherwise he
would protect himself as far as possible
by making unpl. asapt disclosures con-
corning his connaction with the return
ing board. and affecting 9th sr prominent
parties. 1here is no means of corrobor-
| ating this information, ewing to tho
strictness of alleged concealment. 1t Is
not supposed that the petition of the
returning boaId sent to Associate Jus.
tiee Bradley for writ of prohibition
having in view the transfer of their case
from the State to the u nited States Cir.
cult Court, win receive favorable re-
sponse. E Fke #9 FB ~ e Il
% Congress Yesterday. 80