The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-08-14
aoudy's Case Dismissed
Judge Golf Bows to the De-
clsion of the Court
of Appeals.

RICHMOND, Aug. 6-1n the United
States Circuit Court here today,
Judge GoAf handed down brief IN
the South Carolina registration cases,
dismissing complainant's bill for an
injunction. Only the attorneys in
the case and few others were pres.
ent when the opinion was delivered
The courts opinion is as follows:
when the bill in this case was
presented for my consideration, I
deemed it my duty to give the COM
pla;nant ap opportunity to demon
strate that he was entitled, as he
claimed, to the relief he prayed for
and to the jurisdiction of this court,
in order to secure it
..My views upon the questions
presented by this case were fully ex-
pressed in the opinion / filed in the
case of Mills vs.. Green. I have Civ
en- the opinion iled in said cause by
the Circuit Court of Appeals for this
circuit for the May term, 1895, and
all the cases cited therein my careful
consideration and thorough examina-
ton, and must be permitted to say
with all due respect that am unable
to find the reason or authority for
and nv which the Injunction granted
in that case was dissolved and the
bill dismissed. think that in the
Mills case. as well as In this, the
rights claimed by the respective
plaintiffs as citizens of the United
States and of the State of South Car
olina have a property value ofthe
highest and most sacred character
of far greater value and Importance
than have commodities, the values of
which are measured by the number
ofpounds they weigh, or the number
of goods which they contain These
rights, it is admitted, said plaintiffs
are deprived OF, but it is insisted that
they have adequate remedies at law
aad that equity, therefore, cannot en-
tertain the complaint.
livery much regret that the Cir
cult Court of Appeals did not indi-
cate the character of the remedy at
law alluded to in such opinion. Aud
also regret that am unable, after
thorough investigation, to end it. l
will not concede that it is proper to
close the doors of the courts of the
United States to their citizens who
are complaining that they are de-
prived by the States of the rights and
privileges guaranteed to them by the
constitution of the United States and
to advise them that they must seek
the jurisdiction Of the courts of the
States for the outrages imposed by
the unconstitutional enactments of
such States. / am advised that the
full aud complete opinion ofthe Cir.
cult Court of Appeals is yet to be
filed, and l endulge the hope :hat
upon this point it will not leave us in
doubt. Iii my judgment such cases
under the rules Distinguishing
equity and law cases applicable to
the courts of the United States
should be especially heard on the
equity side Of such courts, for the
reason that said courts are, among
other things. established to deter
mine controversies involving con-
1icts between State and Federal con-
stitutions and enactments, and for the
further reason that in such cases there
is no full and adequate remedy at all.
It has been repeatedly held by the
courts of the United States that equi-
ty will interfere when the injury
complained Of is such that it cannot
be fairly compensated for by damages,
or if it is continuing or permanent
in character. Here the court cites
various opinions to sustain that
point
"The fact that there is . remedy st
law is not of itself sufficient to define
equity of jurisdictica unless it also
appears that the former is as COM
plete and efeetual as tie latter. (Other
cases here cited
"Nevertheless, while | entertain
these views, my great respect for the
Circuit Court of Appeals, my desire to
properly regard the official proprie-
ties, and my duty to give due weight
and authority to the decisions and
opinions of the Appellate Courts of
the United States compel me, finding
as I do, that this case in It's material
llonat;nne :ta trne sc0ne and effect