Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-04-24
WEDNESDAY.......APRlL "a. 1880.


II the powcrs Of the United States GOV
eminent are such as Judge Con, OF the
Federal Circuit Court for this circuit
assumed them TO be when he issued
iniunctions restraining the State officers
from holding certain elections in South
Carolina. then the knell of free govern
ment was sounded when those powers
were conferred upon the central govern
ment. II the several States have no
rights which the United States as whoie
are bound to respect. there is nothing lot
the State governments TO DO but TO oc-
cupy the relation to the Federal Govern
ment which the counties occupy TO the
several States. We do not intend 10
comment at length upon what we nave
styled Judge COTS usurpation. hoping as
VIC DO. that he will yet set himself arisht.
We do not apply this word "usurpauoh
q his order restricting the dispensary
cMc!ais from interference with commerce
among the States: for Congress has the
constitutional power to regulate commerce
among the States. But Judge COTS or
der taking charge of the elections OF the
STATE OF South Carolina is totally inde-
rcusible. However, the fourteenth ana
fifteenth amendments have been construed
10 authorize supervisors of election and
deputy marshals to be appointed to over
see congressional elections in the several
Safes Here IS specimen OF Judge
COTS restraining order:
1t Is ordered that the defendants,
Jonn Gary Evans Governor OF the state
go st,a ~ Rnficr
"A commissioner of elections In the SAID
safe. and an other persons charged UNI
&c. the laws OF the said State with the
cuty Of holding or managing elections Tor
DELEGATES 10 the convention 10 be held
ON the second Tuesday in the
month Of September, 1885, for the
purpose Of revising. amending or
changing the Constitution OF that
State. he. and they are hereby, enjoined
and restrained from any and all action
looking 10 the holding Of such election
or elections until the further order of this
Court.
1T is further ordered that said defend
ants show cause why they, 4nd each or
them. should not be perpetually enjoined
lrona ordering, holding. or procuring 10
be held in the said state any election
or elections for delegates 10 convention
for the purpose Of revising or changing
'
Carolina
The Charleston News and Courier says:
I'VE believe that the first order VIII
stand; we believe that the second order
viii fail. The United States Constltu-
lion gives Congress the power to regulate
commerce among the several States; but
neither the Congress nor the United
States Government can exercise powers
which have not been delegated by the
States. The powers not delegated to
the United States by the Constitution,
nor prohibited by it to the States. are re-
served TO the States respectively, or to
the people"
Possibly this rather important case may
be dismissed when the court comes to
pass upon the question of perpetuating
the injunction.
But il is useless to predict what Judge
COTS course may lead to or end In.
There is a surging public opinion in this
country which can make itself felt when
necessary. There, is. too. In the presi-
Dental chair an occupant who believes
that the States are as distinct as the
pillows. but one as the sea-" II Is fortu-
nate that these cases OF Judge Con $
arose Just as and when they did, IL they
were to arise at all.