The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-06-03

A ANGULAR question under the four.
tenth amendment hiss been decided by
the Supreme Court Of the United States.
A lawyer named Bowman had been re-
moved IRON practice at the bar Of the
Circuit Court Of the city Of ST. Louis,
This judgment was affirmed by the 81.
Louis Court ofAppealS Bowman moved
in this court for an appeal 10 the Supreme
Court Of Missouri, but his motion was dc.
MED for the reason that the case was mot
an appealable one. By the Constitution
and laws Of Missouri, au appeal TO the
Supreme Court Of the State lies from a
iiual judgment or decree Of any Circuit
Court, excepting these in the counties Of
St. Charles, Lincoln, Warren, and St.
Louis. For these counties and city an In.
dependent appellate tribunal, the St
Louis Court Of Appeals has been establish.
cd, pursuant to the Constitution Of 1876
Il has exclusive Jurisdiction Of all appeals
! Iron the Circuit Courts Of the city Of 81.
Louis and the counties named, and from II
an appeal to the State Supreme Court lies
only in certain specified cases.
When his application for appeal was
denied by the 81. Louis Court oil Appeals,
Bowman applied to tho Supreme Court Of
tho State Tor mAndAmus compelling the
former tribunal to allow the appeal. The
mandamuS was refused, whereupon the
case was taken to the Supreme Court Of
the United States Here Bowman con.
tended that the judicial system Of Missouri
was in conflict with the fourteenth amend
ment to the Federal Constitution, because
Il denies TO suitors In the courts Of st:
Louis and the counties above mentioned
the equal protection Of the laws, In that
1t denies TO them the right Of appeal to
the Supreme Court Of Missouri 10 cases
where II gives that right TO parties In the
courts Of the other counties Of the State.
The court at Washington takes different
view Of the matter, and attirms the judg.
ment Of the Missouri Supreme Court.
The fourteenth amendment, says Mr..
Justice Bradley, contemplAtes persons and
CLASSES Of persons. II does not apply 70
local and municipal regulations that do
not injuriOusly affect or discriminate be.
tween persons or classes OF persons with.
In the places or municipalities for which
such regulations are made. The amend.
ment WAS not intended 10 prevent a State
from arranging and parceling out the iu.
Fisdictlon Of It's several courts at Its dis.
crelion. The clause, "No State shall deny
TO any person within It's Jurisdiction the
equal protection Of the laws" Is not VIC.
lated by any diversity In the jurisdiction
OF the several courts as 10 Bubiectmatter,
amount, or hnality Of decision, II all per.
sons within the territorial limits Of their
respective jurisdictions have an equal
right, in like cases, and under similar cir
CumStances, to resort 10 them for redress.
A State may establish one system Of courts
for cities and another Tor rural districts,
one system for one part Of lts territory
and another system Tor another part.
Convenience, Il not necessity, often re,
quireS this TO be done, and 10 deny this
right would Eeriously interfere with the
power oil State TO regulate Its internal
affairs. II Is not denied or taken away
by anything in the Constitution Of the
United States.