Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-06-04
TUESDAY .........JUNE 4, $780,
south Carolina Registration Cases

south Carolina Registration eases
The peculiar nature of the South caro-
lima registration cases is Indicated by
the fact that on Friday morning sitting
I'm chambers. Judge Golf prepared ana
signed an order modifying his Sumter
Injunction so as TO permit the oincer
Of registration of Richiands county 10
continue TO register voters pending the
hearing and decision of the registration
case in the United States Circuit Court
~ Appeals. A similar order was MADE
70 refer to registration In Newberry
county. That is to say the registration
laws OF South Carolina are at the mercy
OF the United States judges who hoid
courts In that State. Saturday morning
the supervisors Of elections had no right
n proceed 10 register voters In Sumter
and Newberry counties. On MONDAY
morning these same supervisors OF elec-
ZION had the right to proceed with the
work OF registering voters. If the Ihited
states Courts had chosen to do so. they
might have continued these South Caro-
lima iniunctions in force. and have null
uaed the registration laws Of "a sover-
oisn State
we shall be told no doubt that Chiei-
Justice Fuller was one of the judges on
the bench here in Richmond when the
question as TO the jurisdiction OF the
United States Circuit Court OF Appeals
on appeal I'm the case was briefly argued
bv the Attorney General and others. and
he ended that discussion by announcing
that the court was of the unanimous
opinion that il had jurisdiction.
We Go not know exactly what the tech
meal questions were which the Chief
Justice thus decided, or rather announced
had been decided But one thing is GER
tain. The United States judges hold the
registration laws of South Carolina in
their hands. Judge Gon ordered on Fri
day that the injunction in the case OF
Miller vs.. Green should be and the same
was modified and suspended so as to al
low the defendant Green dhc supervisor
Of registration for Richlands county,, to
open the books Of registration on Mon
DAY FOR the purpose of receiving appli-
cations for registration and registering
electors under the laws of South Carolina.
There IS no mistaking that language.
II saws in so many words that Federal
fudge authorizes a State officer 10 pro-
coed with his work as a State officer.
Judge Goff had entered an order forbid
ding registration to go on in Richards
county pending the Miller case in his
court, but he decided afterwards to al
We infer from the circumstances of the
case that Judge Goff did not enter his
modifying order until after he had had
fun and free consultations with the
other judges OF the United States Cir
cult Court of Appeals, including the
chief Justice.
We don't know how these South Caro-
ina cases will be decided finally. but we
IRE pretty confident that large number
# the best constitutional lawyers In
the Union will regret to see South Caro-
lima bound in the traces of the Federal
Government, IL for no other reason than
because all the States occupy the same
relation TO the General Government which
South Carolina occupies, and would have
to submit 20 the same calling yoke
that is placed upon the neck OF that
State. Virginias Walton law and all
her registration laws and voting
laws will hereafter be administered
by the Federal courts IL the
Supreme Court OF the United States
shall sustain Con in the Miller and
Green case. If the United States courts
have the right to decide such questions
at all, they have the right to decide
them so as to provide in effect that the
State election officers shall be controlled
by the Federal judges. The Hartford
Courant gives the following interesting
history OF the cases we are considering:
TUESDAY OF this QasD week the State
Of South Carolina appeared by her At
torrey General and another lawyer be-
fore the United States Circuit Court OF
Appeals at Richmond, Na.-Judges Goff.
Simonton, and Hughes on the bench
and asked that tribunal TO smash the in
terlocutory injunction with which Judge
Con recently blocked the preparations for
her proposed constitutional convention.
A motion TO docket the appeal and ad-
vance the hearing was Immediately grant
ed but the judges decided TO put off the
arguments in the case until the arrival
in Richmond and appearances on the
bench OF the Chef-Justice OF the United
States.
las the case is ones OF extraordinary
interest and Importance, we briefly re-
call its history. In pursuance of an act
of the General Assembly Of South Caro-
Ina, the question Of holding constitu-
tonal convention was submitted TO popu-
lar vote at the November election last
year. The official returns disclosed a
majority for the convention. The Gene
arl Assembly thereupon passed another
act appointing a date for the election Of
delegates and prescribing the Qualifica-
lions for voting at this election. These
were based substantially upon the re-
gistration laws of the State, which have
been on the statute-book since 1852. and
were put there TO make II difficult for
the negroes 10 vote. A citiz,n OF Rich
land county, 5. c.. fled q bill last April
on the equity SIDE OF the United States
Circuit Court at Columbia against the
county supervisor OF registrations. in
which he set forth that he was about to
be deprived OF his right TO vote. and also
that he believed the registration laws
to be unconstitutional. Judge Con
granted temporary injunction against
the supervisor, and began an examination
OF the State laws In question. A few
weeks ago he announced from the bench
his conclusion that they are unconstitu-
t!onal. and continued the injunction PEN
dente lite. OF course this order Affects
every other supervisor Of registrations In
the State and pcstpones the convention
indefinitely.
I'VE said that the State or South Caro-
lima appeared before the appellate court
AT Richmond last Tuesday to get this
order annuhed. She IL the real appel
liant in the case uneuestionzbly. although
her Attorney-Gene and his learned as
sociate nowinsliy appear for the enJoined
Richsand county supervisor. one Green.
And the sight Of South Carolina seeking
redress Tor what she considers q grievance
in this peaceful. orderly way. In the
higher Federal courts. Is = very pleasing
and edIfying eight. II sttssts 20 ell OBJ
servers that old things have. indeed.
passed away In this country There was
. flme-a good maAy o. US remember 1t