The times. [volume] (Richmond, Va.) 1890-1903, 1895-08-07
HE REGISTRATION CASE.
UDGE corr REFUSES TO GRANT
THE INJUNCTION.
ccau.e the Case IL Materially the Same
a. the One Last Decided, But the
Judge Has Views of His Own.

Judge Gof handed down an opinion In
ne south Carolina registration case yes
erday morning. IN which, while 1t respects
he decision OF the United States circuit
curt Of Appeals in It's opinion In the
r.einal case. he gives some independent
Jews of his own bearing on the case.
only the attorneys in the case ana
ew others were present when the 'opin-
on was delivered. The Courts opinion
$ as follows. .,.,
" hen The oil, in this case was presented
or my consideration. 1 deemed IL NY
Iuiy 10 give the complainant an oppvt'u
ity 10 demonstrate That he was eh.i''tu,
Is be claimed. 10 the relief ne pIaHcu
or and to the jurisdiction OF TINS court
order TO secure g. My views upon
ne questions presented by TINS case
Ecre fully expressed IN the opinion
lied tn the case Of Mills rs. Green.
nave been given the opinion MED IN saiu
.ause hy the Circuit Court or Appeals
Tor this circuit FOR The May term, le-''
md ali the cases cited therein my Val'-
ul consideration and thorough examine.
lion. and | must be permitted 10 say WIN
al due respect that | am unable 10 ma
he reason or authority for and Dy Whlch
The Injunction granted In mat case was
dissolved and the bill dismissed. ] thihh
hat Ia the NILS case, as wen rs III TINS,
tins as citizens OF the United states aho
Of the State OF South Carolina nave
propertv value of the highest ana most
sacred character-Of far greater Nalue
aud Importance than have COMMODITIES,
The values OF which are measured ny
tie number of pounds they weigh, or the
humber OF goods they contain. hese
rights il Is admitted said plaintllls are
deprived or but II Is insisted tnat tnes
have adequate remedies at law ana thal
Of MI
complaints.
rHE CHARACTER or TIE REMEDY.
| very much regret that the Circuit
Court of Appeals did not indicate the
character OF the remedy at law alluded 10
tn It's said opinion. And i also regret
that / am unable after thorough lhFes-
tisation 10 find H. l will not cohceue
that II is proper 10 close the doors 81
The courts OF the United States to their
citizens who are complaining that they
are deprived by the States OF the rights
and privileges guaranteed to them by the
Constitution of the United states ana 10
advise them that they must seek me yu
risdictiOn Of the courts of the states LOT
relief from the outrages imposed by lne
Unconstitutional enacimenls OF such
states. | am advised that the fuH anu
complete opinion OF the circuit toVIl vi
Appeals IS yet 10 be filed. ana ihaulse
the hope that upon this point IL WIN ny
cascs-under the rules dlstnguiShihe
equity and law cases applicable TO the
courts Of the United States-shouln pe
especially heard on the equity size Oh
such courts, for the reason that sdiu
courts are among other things established
"a d,termine controversies involving
conflicts between State and foderai COR
stitutions and enactmcnts ana iOr the
further reason that in such cases theie
Is no full and adequate remedy at law. ~
has been repeatedly held by the courts OF
Tho United States that equity Will inter
fcrc when the injury complained OF IL
such that Il cannot be fairly compensated
for by damages, or If II Is continuing ..
permanent in character. there tne cvul.
cites various opinions TO sustain that
pOint)
The fact that there is a remedy at law
is not OF itself sufficient 10 define equity
of jurisdiction unless 1t also appears ihat
the former Is as complete ana enectuai
as the latter. tOther cases mere Sl'eu',
The fact that State laws provide le-
gal remedy Of wrongs committed does
not deprive the Federal courts of equity
jurisdiction over the same IN proper
course. Gases cited)
Nevertheless while | entertain these
views, my great respect for the circuit
Court OF Appeals. my desire to properly
regard the judicial prophecies, and my
duty TO give due weight and authority
60 the decisions and opinions OF the APP
pellate Courts OF the lnlled states con-
r,els me finding as / do that this case IN
It's material allegations. its true scope
and effect is I'm fact similar 10 the Mills
case. 10 which / have referred. to refuse
the Injunction asked for. and 10 dismiss
the compliments bill, and such decree
will now be entered.
This is Of course a complete victory
for the State of South Carolina. but At
torney Obear. who represents the aiain-
tiff. will take an appeal direct to the
United States Supreme Court. and thinks
he can get an early hearing as privilege