The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1895-06-10
REGISTRARS VI WORK.
They Open Their Offices Under Judge
nnn,. RrccnI order.

-. p.
visors Green. of Richland. and BedenbaCsh
of Newberry together with all other super
visors of registration in the state, opened
their offices this morning and are discharS-
ing their duties under the state law as II
judge Con had never issued an injunction
against any of them This risht may De
shorJ-liyeI however and is entirely depend
cut upon the decision Of the United states
court Of appeals
IL hal been hoped by those opposed 20 the
registration laws that Supervisors Green
and Belcnbaugh would make themselves
liable under contempt proceedings should
they attempt TO register voters today, anu
it looked very much as if that wish would
be gratined until last Friday, when
Judge Gon at Richmond temporal
rily suspended the injunction which
he had issued against the two SUI
pervisors lie issued the injunction
against Supervisor Green on May Sth, at
Columbia. at the same time that ne declaf-
ed the registration laws of the state 10 be
uT constitutional; but that against SuPeryis-
or Bedeubaueh he had issued only the day
preceding at Richmond. His order suspend
ing these injUuctions came as a great sur
prise 10 those who had obtained them. The
attorneys who secured the injunction
AGAINST Supervisor Bedenbaugh had just re-
turned home from Richmond, and when
they read in the next mornings papers that
ii >USfNlIt4HA
they We're more or less lumfoundcd.
Various reasons are given for the judges
actions Some take il as a matter OF
course following the action OF the court OF
appeals i'm docketinS the appeal from Judge
COTS decision. hut others say that the
Judge was affected by the unanimity with
which the court OF appeals decided that the
ease was within its jurisdiction, and that ii
was of such Importance as To merit adj
vancement of the calendar, and an early
hearing.
june 9Th has been set for the hearing of
the appeal Chief Justice Fuller, Circuit
judge Hughes of Virginia. and probably
Circuit Judge Simouton. of South Carolina.
though FL IS not certain as 10 the last nam
Ell VIII sit as the court at Richmond TO
hear the appeal. IL is not probable that a
decision VIII be- rendered before the 18th or
lSth of the month while 1t may be a week
or ten days later.
Neither the attorneys for the state nor
the respondents are doing any talking, but
ii is very evident that the administration
feels that il Is I'm very much better conli-
tion than il has been Tor some time. At
tcrney General Barber ana General Edward
McCrady. Of Charleston. will represent the
state AMI Mr. e. \. Douglass, of Washing
ton. ID. a.. viii appear for the respondents.
south CaToIina's TnSc-
Richmond Va. June The Dispatch Will
The ease of the South Carolina super
visor of registration, whom Judge Gom en-
Joined "a few weeks ago from the perform
aucc Of his duties has been appealed TO the
circuit court of appeals now in session here,
and Will be- heard on appeal IN that court
tomorrow before the chief justice and
Judges Hughes and Seymour. The assign
ment OF errors by the attorney general OF
South Carolina 10 the decree Of injunction
issued by Judge Con in the case Is as foi-
lows
"a That the suit is in effect a SUIT
against the state OF South Carolina and in
violation of the eleventh amendment OF the
national constitution.
80 That the supervisor Of registration,
who was onionei is not amenahle to the
United States circuit court i'm his political
capacity. and all the matters and things
complained of relate TO the political duties
=. l-hat the bill presents no question
arising under the constitution and laws or
the United States.
90 4 That the bill presents no case upon
which a bin in equity lies, plain and ade-
qUaIe remedies at law being available 10
redress the matters complained OF.
-. That the jurisdictional amount OF
S2.Gl0 necessary for the circuit court IS not
affirmed in the bill.
&c That there is not sufficient aVerment
If irrepa rabie injury and statement OF Facts
supporting ii in the bill and positively
81 That tho circuit court Judge erred IN
holding thar the registration laws of South
Carolina are i'm violation of the constitution
Of the United States and deprive me pam
tiff of his rights as citizen OF the United
States
IAN Of these questions are cognizahle on
appeal by the United States circuit court
of appeals sitting here, EXCEPT the third
and seventh which present federal Pues-
lions aud are cOgniZahle in TIE supreme
court OF the United States.
THE appellate court Of the circuit may
therefore docket the case and consider the
grounds of appeal; and. II IN the couIS~ =.
trial il finds II necessary to do SO. II ",av
certify the federal questions mp 10 the SUI
prcina court for its decision, and may AFTER
wards proceed 10 deal with the case ON an
questions raised on appeal.
This is what the appellate court meant
on Friaas last when IL announced mat u
was unanimously OF the opinion that II had