Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-17

ton Involved-Postal Estimates for the
Coming Fiscal observation-disclosures.
SUPREME COURT.
WASHINGTON, Oct. 16.-No. original ez
parte the commonwealth of Virginia, land j. D.
Coles. Petitioners argument was commenced
by James G. Field, attorney general of Vir-
ginia, for petitioner, and continued by Assis-
ant Attorney General Smith in opposition
to petition. This cause, like the preceding
one of the commonwealth of Virginia against
Rives, involves the question of colored jurors,
and tho legality of the action of the Virginia
State judges in excluding negroes from jury
lists j. D. Coles, county court judge of
Pittsylvania county, Virginia, was indicted
in tho district court of the United States, for
alleged unlawful discrimination against duly
qualified colored citizens in tho selection of
grand and petit jurors to serve in his court.
He was arrested by the United States dep
uty marshal last March and held to answer
in the United States court in Danville, Va.
He now brings his case before this court,
upon petitions for writs of habeas corpus
and certiorari, on the ground that his arrest
was violation of the constitution of the
United Staets and of the sovereign rights of
the commonwealth of Virginia. The attor-
ney general acted in opening the case for
the petitioner and argued that the question
for consideration is whether or not the
fourth section of the act of March 1, 1875, is
constitutional. If not, then, upon the prin-
ciple of the Yerger and LANCE
cases, 8 Wall, IS, and 8 Wall, 166,
this court should order Coles
to be discharged. He maintains that the
said law is unconstitutional and that no
court Of the United States can exercise any
jurisdiction under il. The State and State
alone has authority to prescribe the manner
in which jurors shall be selected and the
qualifications which shall be required, and it
alone can hold its judges to account for their
official acts. If under the law of March 1st.,
1875, the judges of State courts can bs held
criminally responsible in the courts of the
United States for their official acts, then the
administration of justice by the States in
their own tribunals is at the mercy of Con-
gress.
If it can fine judge for his judicial acts,
1t can imprison him during his whole term
of service or depose him from Office. If it
has the power claimed for it over the judi
cial officers of tho State, it has like powers
over tho members of the legislature, who
may vote for law supposed by Congress to
be in violation Of any provision of the con-
stitution Of tho United States, and the execu
tive officers who may undertake to execute
it. In short, he argues that it converts this
government into a consolidated despotism,
the despot being the Congressional majority
of the day. Attorney General Smith, who
opened the argument in opposition to the
petitioners, maintained that this court is not
authorized to issue writ of habeas corpus
in this case as an exercise of it's original ju-
rsdiotion, even though the State Of Virginia
has fled petition therefor. That this
court possesses no sueh supervisory powsr
over inferior federal courts as is claimed for
it by petitioner. and that it can exercise no
appellate Jurisdiction. since there is nothing
to appeal from. There has been no judy
ment of the court below. He maintained
that it is right Of the district court in the
first instance to decide whether the statute il
question is itself unconstitutional or not, and
that no provision IS made for any anticipa-
ton Of its determination. TO say that the
statute to be examined is unconstitutional is
to assume the vital question involved, in case
the determination of that question should
not be had here in anticipation Of the deci-
sion of the court below.
In fact he maintained that it rests ex-
ciusively with the lower court except where
error or appeal lies. It is idle, he argued, to
say that there is no discrimination against
colored men because the statute makes none
or because white men are tried by white
jurors. If all colored men are excluded by
Judge Coles from the jury lists made up by
him solely on account of race, color or pre-
yiOus condition, this is discrimination and
one made by the State, through its only
agent that can make it. Finally,
he argued, whoever deprives one of
his right to be placed upon the jury or de.
prives accused or litigant of his right to be
tried or heard before al impartial, legally
drawn jury, commits al ofen5e within the
provisions Of the fourteenth amendment and
of the legislation Hereunder.
Argument will be continued tomorrow.
Ten or twelve other State court judges were
indicted in the United States district court
for the same offenss with which Judge Coles
is charged and their cases will be decided
by the opinion of this court in the present
case.
POSTAL ESTIMATES.
WASHINGTON, Oct. 1G.-Estimates of
amounts that will be required for all branches
of the postal service during the next fiscal
year have been completed. They aggregate
$50, 92O, 900, against which it is estimated the
postal revenues will amount to $32,21O,OOO,
leaving deficit of $4,000 to be met by
Congressional appropriation, The appro-
priations for current fiscal year aggregated
$5,+5S,376.
CoMMIsSARY STORES.
WASHINGTON, Oct. 16.-Commissary Gen
eral MacFeely has completed his annual re-
port to the secretary of war. It shows the
total amount discussed for subsistence stores
during the fiscal year ended June 3Oth last,
was $3,OO3,475, of which 1871 GIL was re-
lmbursed by sales of stores to officers and
enlisted men, 1922 ,0Ss was collected for to-
bacco sold to enlisted men and the balance,
excep: few inconsiderable amounts from
miscellaneous sources, was furnished to the
department by Congressional aporopria-
tons. From tables accompanying the re-
port it appears that the cost to the depart
ment Of all subsistence supplies has been
constantly diminishing since 1877, notably
in the meat and flour component of ration.
NO RAT1oNs.
WASHINGTON, Oct. 16.-Gen. Sherman de-
ciiaes to authorize the issue of rations to the
volunteers as requested by the committee of
safety appointed by people of Santa Fe.
FOUND GUILTY.
SYRACUSE, Oct. 16.-Orlando Greenfield
was to-day found guilty of the murder OF