Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-08-07
WOULD NOT ENJOIN.
Judge GOlf Refuses 10 Grant an Injunc-
ton In The South Carolina Cases.
HE DISCUSSES THE LAW FULLY
Character of the Remedy, He Says,
fs Yet LacLing-WeiEht of Opinions
I'm Appellate Courts of the United
states CompeIs "A Dismissal.


Judge Goff. Of the United States Circuit
Court. yesterday morning refused TO grant
the injunction asked for in the sout'
Carolina registration case OF Goufu'
against Green, and handed down an opih'
ion, dlsmissing the compliments Dill
His Honor treated the controversy elaoo'
rately in his decision. and all the way
through adhered to his former views as
exnressea In the similar case OF Milis
against Green.
60, convened promptly Mt 10 o'clock
ia 4, the presence OF the lawyers In
,bp case and many Richmond attorneys
Judge Con read his opinion. After the
adjournment. which was an hour later
,be Judge and Mr.. OBear departed Tor
Washington. and last evening Generals
Barber and McCrady left for their homes
In South Carolina.
JUDGE GOFF~S OPINION.
Here is Judge Cons decision:
"When the bin in this case was pre-
scented for my consideration / deemed II
,nv dutv 10 give the complainant an OPP
portunity to demonstrate that he was en-
titled as he claimed. TO the ,reneI ne
rraved for and TO the jurisdiction OF
mis- court IN order to secure II. My views
,Inon the questions presented by this case
were fully expressed IN the opinion I
dled IN the case OF Mills W. Green. l
have given the opinion hied IN said cau us
Nv The Circuit Court Of Appeals for this
circuit for the May term uS9o) ana All
the cases cited therein my caretul con,
sideration and thorough examination; anu
must be permitted 10 say S am ,S S r ~se
son or the authority for and by whlch
the Injunction granted in that case was
dissolved and the bill dismissed; l
think that I'm the NILS case. as Wen VEINS as
I'm this. the rights claimed by the respec-
live plaintiffs as citizens OF the thttl
States and the State Of South Carolhit
have a property value OF tne hlenest
and most sacred charaCter-Of Tar greater
value and importance than have common,
ties. the values 81 which are measured
by the numbers Of pounds they welEn, OF
the number OF goods they contain
These rights. it is admitted. said PLAIN
tins are deprived Of but II IS INSISTED
that they have adequate remedies AT law
and that equity. therefore, cannot enter
tain their complaints.
THE REMEDY AT LAW.
II very much regret that the circuit
Court OF Appeals did not indicate me
character of the remedy AT law alluded 10
IN lis said opinion. And ! also regret
that / am unable after thorough inVesu-
cation to find IT, ] Will not conc. .Se
courts OF the United States 10 their citi-
gpns who are complaining that they are
deprived by the states OF the rights ana
privileges guaranteed TO them by lne
Constitution Of the United States ana 70
advise them that they must seek me
Jurisdiction Of the courts of the states
for relief from the outrages imposed py
the unconstitutional enactments or suCii
states | am advised that the tull ana
complete opinion OF the Circuit Court OF
Appeals is vet 20 be filed. and indulge
the hope that upon this point 1T VIII not
leave us in doubt: In my ,9s GrgIiiijhh,,
Ing equity and law cases apphcaple 20
the courts OF the United Sthies-shoulG
be especially heard on the equity Sue on
such courts for the reason that Sail
courts among other hings established
10 determine controversies inVolNlhs
conflicts between state ana fedeial Noil-
stitutions and enactments' anu , Sn 'H ~
further reason that In such cases there Is
no f,.u and adequate remedy al law ~
has been repeatedly held by the courts Oh
tbe United States that equity VIII inter-
zero when the injury complalned OF u
sucb that II cannot be fairly cOmpen-
stated for by damages or II II rs contlhuihs
or permanent in character. Qiere tne
Court cites various opinions TO sustain
that pOnt) .-,,
REMEDY MUST BE COMPLETE.
The fact that there is a remedy at law
is not OF itself sufficient TO deilne equlls
OF jurisdiction unless II also appears INA, INA,
The CORNER is az complete and effectual
as the latter. tOther cases mere cliea,1 =,
The fact that State laws provide legal
remedy for wrongs committed does not
deprive the Federal courts Of equity 1uils-
diction over the same in proper course
Gases cited) ~ .,o.o
views nv great respect for the Circuit
Court of Appeals. my desire TO properly
regard the judicial properties ana IN my y.
duty 10 give due weight ana at .bn ~.
~ The decisions and opinions or the Ap-
relate courts OF the United states COM
Teis me. finding. as do that this case IN IN
he material allegations it's true scope
ana effect is In fact similar 70 the M Nils
80 10 which | have referred, TO refuse
Inc Injunction asked for. and to dismiss
he complanant's bill, and such decree