The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-05-15
c., WEDNESDAY, MAY Is, 1895.

ton or this court, ana tnaC Cue maGCers,
facts and things alleged and complain
ed of in the bill are matters relating to
the political duties of bis Office; that
this is 10 effect a suit against the State
of South Carolina, which is prohibited
by the 18th amendment to the Consti-
tuition of the United Statee: also that
the bill presents no question arising
under the Constitution or laws of the
United States, aud that this Court has
no jurisdiction Of the case; that the bill
presents no case for equity jurisdiction,
as the plaintiff has a plain and ade-
quate remedy at law; that the bill is
multifarious and not properly versi6ed;
be denies that the registration laws
we're intended aud that they in effect
do abridge, impede and destroy the suf-
frage of the citizens of the State and
of the United States, and he claims
that they are reasonable aud constitu-
tional, and submits their proper SOD.
struc:ion to the Court. The other nat
ters set up 10 the return will not now
be recited, but will be considered in
substance as the questions arising are
disposed Of.
The question of jurisdiction is first
to be determined. Defendant insists
that this suit is 10 effect a proceeding
against the State Of South Carolina, and
that it should not be entertained be-
cause prohibited by the 18th amend
ment to the Constitution of the United
States. 1t is not my intention at this
time to consider separately the many
cases cited by counsel in argument bear
ing on this question After carefully
examining them all I conclude that it
is the duty Of the Circuit Court Of the
United States to restrain a State officer
from executing an unconstitutional
statute of the State when the execution
Of it by him would violate or
abridge the rights, privileges and
immunities of the complainant that
are granted by the Constitution
Of the United States. So far
as this question is concerned it is i'm
material if the officer so restrained be
the supervisor of registration, the
Auditor of State, the Comptroller
General, the Treasurer, the Attorney
General or the Governor. W. do not
have 10 this country any class of peo-
pie. State or national officials, or pri-
vate citizens who are above the Law and
who are not compelled to respect it.
The Constitution of the United States
is the supreme lag of the land, any
thing In the Constitution or laws of any
of the states to the contrary notwith-
standing. The mandate Of the Ma
tons Constitution is addressed to all
the officers of the United States, as
well as to all the officers of all the
States. The Judges of the Federal,
as we'll as of the State Courts. must re-
spect it, for it declares that the Judges
of every State shall be bound thereby.
As is said by the Supreme Court in
Dodge vs.. Wolsey, Is How, 33l: "To
make its supremacy more complete, I'M
pressive and practical, that there should
be no escape from its operation and that
its binding force upoo the States and
the members of Congress should be 10
m%issakable,; it is declared that the Sen
ators and representatives before men
tioued. and the members of the several
State Legislatures, and all executive
and judicial officers, both of the United
States and of the several States. shall
be bound by oath or affirmation to sup
port this Constitution" 1t would be a
strange admission, a startling decision,
that the Courts of the United States
cannot open their doors to the citizens
of the. United States, who allege that
they are By the unconstitutional laws
of a State deprived Of their privileges
or impurities as citizens of the United
States, and denied the equal protec-
ton Of the laws within the jurisdiction
of such state. l am Dot aware that
any Court of the United States has ever
so held. trust | will nevcr be ad-
vised Of such a decision, and | am sure
as | now see the law and my duty that
| will not so rule, nor establish such a
precedent.
Complainant insists Tat bis case is
included in the reasoning off<Ae Court
in the cases last cited, and also thai he
is entitled TO present his bill to this
Court relative TO the matters therein
set forth, because of the provisions of
the Constitution of the United States, and
particularly the 18th and 18th amend
ments thereof To the consideration
of this point and Of the constitutional.
ity of the registration laws of the State
Of South Carolina We now come. Com
plainant insists that the registration
laws of South Carolina are in contra
yention of the provisions of the Con-