The times. [volume] (Richmond, Va.) 1890-1903, 1895-06-12

electors OF the most numerous branch OF
the State legislature
The bill alleges that complainant faiied
70 register al the times designated By law
and allowing the ten days set apart TOT
that purpose In March. 1895. for these VINO
had not previously registered because
although he had made repeated Efforts 70
become registered. he found himself un-
able 20 comply with the unreasonable un-
necessary. and burdensome rules iesu,a-
lions, and restrictions prescribed by Tue
alleged unconstitutional registration laws
as conditions precedent 10 his right 10 re-
esster. lie complains that in consequence
OF his having thus failed TO be register
ed he has never been allowed to vote az
any State or any Federal election III
South Carolina.
The bill alleges that the defendant,
Green. has been appointed supervisor Oh
registration Tor Richland county under
these unconstitutional laws; is exercising
the duties prescribed by them, ana IN
tends 10 deliver 10 the managers OF ''o
election ga Richmond county, the regis
tration books, which he Is preparing 10
be used by them IN deciding upon the
right Of citizens 10 vote. among other
elections. at the first next ensuing cleo
ton 10 be held in South Carolna' Which
will be one to be held IN August next
for members Of "A State convention can
cd to frame a new state constitution.
The bin alleges. In general terms. that
the registration laws OF South Carohha
complained Of. violate. as before descriD-
cd section 2. Of Article l.. Of the Natloh-
al Constitution. and are also in violation
of section ] Of Article Il. and section OF
Article l5 and Of divers other sections
and articles of the said instrument As
there are but seven articles in the oflBi-
nal Constitution Of the United states,
the presumption is. that the bill mas
reference 10 the 18th and 18th amend
mcnts mot articles Of The National Con-
stituton.
The complainant therefore prays the
court 20 grant writ Of injunction re-
straining and cnjoining the defendant
supervisor OF registration, Green. indiVid-
ually and officially. from the perform
anco OF any Of the acts required Of him
bv the registration laws complained OF.
and for other relief. The court below
granted an order temporarily enJolning
and restraining Supervisor Green from
the commission Of any OF the acts COM
planned Of in the bill: and granted at a
later day an order restraining ana en-
joining this supervisor from exercising
duties or performing any acts complain
ed Of in the bill until the further order
Of the court.
From this order appeal is taken to this
court.
tbs CONCLUSIONS.
There Is nothing IN the record 10 show
that the complainant is a man OF color
or that those for whom ne sues are color
cd persons. The bin contains no ale
cation that the provisions Of law COM
planned Of were devised against tho com
piainant. or those for whom he sues, On
account Of their race. color, or pre-
vious condition Of servitude. There Is
nothing i'm the avcrmonts of tho bill from
which 10 may naturally. or must necessa-
rily. be inferred that the complainant
and those for whom he sues are citizens
of color There are no avcrmenfs In
the bill which show that the case falls
within the purview Of the fifteenth amend
ment Of the Constitution Of the United
States.
Nor does the bill contain any allesa-
lions which raise Federal question I'M
der that clause OF the fourteenth amend
mcnt which fOrbids a State ITO deny 20
any person the equal protection of the
l.N3." 1t charges that the effect Of the
p.ov. gions OF the registration acts com
planned OF is 10 give unequal facilities
OF registration to different classes or
citizens. but IL does not point out how
lis IS So IL leaves the discrimination
as 10 the privilege OF registering II there
be discrimination. 10 Inference. and TO
research in SOURCES other than its own
avcrmerts. n charges that the pro-
visions OF law complained of discriminate,
but does not describe the manner OF
discrimination. or define the classes af-
fcctcd pro or con. nor does 10 show that
the law complained OF, in discriminating
between classes as TO the privilege OF
registering. granted 10y them, violate that
clause i'm the fourteenth amendment
which forbids a state "to deny TO any
rcrson within ii. che equal protection OF
the laws" IL confounds privilege with
protection.
The bill has no reference to Federal
election. I'm setting out complainants
case. The gravamen of the bill contem-
mates only "a State election, TO be held
for members OF the state convention
called TO convene i'm August next. 1t Is
not shown that amy Federal election is
10 be held IN tho State OF South Caro-
lima before November. 1896.
TO the hin thus described. and 10 the
orders of Injunction granted by the court
below I'm pursuance OF IT'S prayers sew
cral objections are urged. i'm behalf of
the state Of South Carolina. In what
follows shall consider but one Of
these.
"a TO TTrtsDTCT1ON