The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-13
TIE CIVIL RIGHTS BILL,
A CASE TESTING THE CONSTITUTIONS
ALITY or THE ACT.
Smails, the South Carolina Convict, To 60
Before the supreme Court on n Writ of
Gerti0rarl- Gravity Of the ResuIt-Tbe
Charges Against Collector smith and
Tom Auhersnp

Specinl to the Democrat
WasHtNaToN. Dec. t2-Chief Justice Waite
hes granted writs Of oertorari citing the State
court Of South Carolina to show cause why the
application Of smalls for tho transfer of his
"ase to the United States District Court was dc
MED. As this affair will involve tho test of the
conatitutiopaity Of tho civil rights bill and call
In review before tho Supreme Court the whole
theory Of Federal jurisdiction under tho on
foreement acts 1t is Of course, the most i'm
portant and interesting legal action taken since
the war.
Smalls case Is this. TTe was indicted by the
State law. Pending tho trial his counsel moved
for tho transfer Of the ease to tho United States
District Court This application being refused
by the criminal Judge Smalls appealed 10 the
Supreme Court of the State which sus aimed tho
refusal Of the court below to transfer. and af-
Armed hll proceedings undor that refusal.
SmHlls then stood convicted Of penitentinrv of
fonsa and nothing but tho loose construction by
the District of Columbia Court Of the privileges
Of sitting memhor of Congress- pre-
vented him being taken to South Carolina
and put on the service Of his pena torn After
this conviction two efforts wero mada by his
counsel to got tho caes reviewed by the tate
Supreme Court db ujfio on n writ Of error.
but This also failed, and as last resort. Rmalls
urnyed Chief Justice Waite t. grant nn aitorna-
tive writ. which he lid ynatorday In Chambers
To-day consulted several Of tho most emf-
mont lawyers In tho Democratic Lartv incud-
Inc Senators Mcdonald ana Glarkson VI. Potter.
rs TO the points to ha determined by tho
Supreme Court IF the Unifod gtafos under the
writ grantod by tho Ghlef Jas'ien. Tho sum
and substance Of their opinions was that ths
yrTt Id
manialiues by which such a easo can be brought
under the review If tho Supreme Court: that
upon hearlpg argument must ha confined
strictly to tho power Of the United States iuIt.
oary 10 compel tho transfet of oasos whare
Htate courts have original iuris5intton.
The cHse differs from the Grant parish cnse
IN Tint the latter arose from question of orig
inal jurisdiction Of the United Statos District
Court under the enforcement nets while this
ono arises from n conflict If Jurisdiction be-
tween State and Federal courts under Disagree
Ing constructions Of clause In tho civil rights
bill. The point in Issue, therefore. involves the
whole theory Of our govetnment aud calls for
n legal adjudication by the highest tribunal In
the land of tho political question whether States
eEist and exercise governmental functions under
the limitation Of Federal authority or the Fed
oral government exists aud exercises functions
under tho conditions Of power delegated by tho
States and prescribed In tho constitution.
IT tho Supreme Court here affirm the right Of
n United States District Court to enforce the
transfer OF any case under tho civil rights bill
from tho State court having original jurisdo-
tion. under organic acts from 1899 down to tho
present day. Democratic lawyers agrae that Tho
decision will he tantamount to an adjustment
OF state courts and n supercession of their pro-
cesEes by tho Federal courts at tho will Of Uuifed
States Judges in all cases to which by partisan
construction, the civil rights bill or any other
reconstruction law can ~ made to apply
The rnso will b9 argued with all tho loeal
ability that can be counted on both sides, aud
its determination will bo watched with Intense
interest
Tho declaration lodged by Mr.. Whitney at Tho
Treasury Department and White House ngainst
Collector Smith md Tom Anderson amounts to
Tho grave charge of illegal coercion in regard 10
the selection Of q bonded warehouse for the de-
poait of goods. the samo boing done for the prr-
pose Of Illegal profit. This charge against
smith nnd Anderson Is among the grnvoet that
could bo made against officers Of iheir class In
ho public service. BUELL.. |