The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-06-19
JUDGE HUGHES OPINION.

gives careful review of the record
an1 continuing says: There is moth
ing in The record to show that the COM
plaipant is man of color or that those
for whom he sues are colored persons.
The bill contains no allegation that the
parts of the law complained of were de
vised agaius, the complainant or those
for whom he sues on account of their
race, color. or previous condition of SER
vitude. There is nothing 10 the aver
mepts of the bill from which it may
naturally, or must necessarily be in-
ferred that the complainant aud those
for whom he sues are citizens of color
There are DO averments in the bill
which show that the case falls within
the purview of the Fifteenth amend.
meet Of the Constitution Of the United
States. Nor does the bill contain any
allegations which raise Federal ques-
ton under the clause Of the Fourteenth
amendment which forbids State to
deny any person the equal protection
of the laws. 1t charges that the pro-
visions Of the registration sets com.
planned of is to give unequal facilities
Of registration to different classes Of
citizens. but i. does not point out how
tbis is 40. 1t leaves the discrimination
as to the privilege of registering, if
there be discrimination. to inference
and research in sources other than its
Own averments. 1t charges that the
provisions Of law complained Of dis
criminates. but does not describe the
manner Of Discrimination, or define the
classes affected, pro or con. nor does it
show that the laws complained Of in
discriminating between classes as to
the privilege of registering granted BY
them, violate the clause in the Four
teeuth amendment which forbids q
State to deny to any person within it,
the equal protection Of the Law. It
confouuds privilege With protection.
'sThe bill has no reference to Fed
eral election 10 setting ont complain-
ants case. The gravsmen Of the bill
cou.euplates only State election to be
held for members Of the State conven-
tion to convene 10 August next. 1t is
not known that any Federal election is
to be held in South Carolina before
November. 1896:
To the bill thus described and to the
order Of injunction granted BY the
court below 10 pursuance of its prayers.
several objections are urged in behalf
of the State of South Carolina. Iu
what follows / shall consider but one
Of these. 10 the ruling of the Circuit
Court rendered on circuit. 10 this case.
it was held that the court had juri.-
diction to restrain county supervisor
of registration 10 the performance Of
bis duties under the elections laws of
South Caroioa The division of our
government into the legislative. execu-
tive aud judicial departments is dis
tioguishiny feature Of our American
policy aud i. is essential to it's exist
ence that each Of these departments
sbsll be independent Of The other. The
division is fundamental and organic.
1t would be just as dangerous 30 its sta-
bility for the judicial department. to
override the others ae for executive or
legislative departments to do SO
Hence. while the right Of the judiciary
to pass upon the constitutionality of
the laws is uodoubted. it bas that right
simply as au incident to it's protection
of private rights. 1t has not that right
as mere means of settling abstract
questions aud even in the enforcement
Of private rights it has not the power
to interfere with the discretion vested
in the other departments or with the
exercise of political powers Of this de-
partment. 1t seems to me that it is
dangerous eocroachment upon the pre-.
rogations Of the other departments Of the
government, 1t the Judiciary be eotrust-
ed to exercise the power Of interfer-
ing With the holding of an election
iu State. If tie supervisor of Que
county can be enjoined from the per-
formauce of the duties imposed upon
him by the election Laws Of the State
from whom he holds his commission,
those of the other counties can be also;
thus single citizen 10 each county,
and If he is not even qualified voter,
can enjoio an election throughout the
entire State, and thus deprive thou
sands of their right to vote. II a court
has power to to do this. free elections
are at an end If elections are i'm
properly held. there are appropriate
means provided BY Law for questioning
their methods and remedying wrongs
without the exercise Of this dangerous
power by the courts. A candidate
woo has been defsated may contest;
voter whose ght to register has
been denied may proceed to compel