The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-07-10

tons prescribed by the constitution,
or where it's effect is to obstruct, SUBJ
vert, or even necessarily impede the
exercise of the right conferred by
the constitution, it cannot be sustain
ed. but must be held All unconstltu-
tional invasion of the constitutional
right Of suffrage"
The Chief Justice then takes up
several of the provisions of the regis
tration laws and shows that they are
unreasonable in their demands, and
are in direct conflict with the consti.
tuition. He adds: ''The features Of
our registration Law which have thus
been shown to be unconstitutional
are so intimately connected with, aud
80 interwoven with other provisions
that the whole act must be declared
unconstitutional" "
Justice McIver continues Since
the preparation of the foregoing
opinion, which was as usual, sub
mitted to my associates for their con.
sideration, and they have both pre-
pared separate opinions, in which,
while not considering or declining
what l regard as the real question in
the case, they both coacnr in holding,
though differing on one point. that
the action cannot be maintained on
iurisdictional grounds, and hence
concur in rendering Judgment that
the complaint or petitioner, as it is
called, must be dismissed.
..Of course, if these jurisdlctlonal
grounds are tenable and this court ls
without, jurisdiction in the case, that
is an end of the matter; and any con-
sideration of the merits of the case
would be, at least superfuous. if not
absolutely improper. x x
..But as l do not think any OF these
iurisdictional grounds are tenab'e,
and on the contrary, am entirely
satisfied that this court has jurlsdlc
ton, and is therefore bound to de-
eide the issue presented, must ad-
here to the views hereinbefore ex-
pressed.
GA proper respect, however, for
the views of my associates, which 1t
is always a pleasure for me to pay
them. as we'll as due regard for the
gravity of the issue presented, re-
quire that ! should not content my
self with simple declaration that |
do not consider the jurisdictlonal OBJ
lection tenable, but should go on and
consider the ground upon which
these objections are based, and
this I propose to do as briefly
as the importance of the inquiry will
permit
First, it is objected that this is
practically an action against the
State, and to which she is an lndis
pensable part. If this be the true
nature of the action, then it is clear
that this court hae no jurisdiction,
in the absence of any consent OF
which there is no pretense o" the
part of the State. The important
inquiry, therefore, is il this action
can in any proper sense be regarded
as an action against the State | do
not think so, for the following rea-
sons: The object of this action IS
not to affect injuriously any property
or rights of property of the State.
If the pIaintaiff should obtain Judg,
ment in the case no interests OF the
State could possibly be affected In
juriously thereby In this respect
the present case differs widely from
the cases of Lowry VS. Thompson,
supra La VS.. Jumnel, lO7 U. s.,
aud the Columbia Water Power Com
pany VS.. Columbia Electric Street
Railroad, Light and Power Company,
20 S. C. Rep 1902 which seem to
be principally relied upon, for in each
of these cases some interest of the
property right OF the State was
sought to be effected, while such is
not the case in the present action
l think it is clear. therefore. without
going further into the authorities,
that this case cannot. possibly be- re-
garded as an action against the State
to which she is an indispensable
party
"Wni,e it is quite true that the
question of the constitutionality of an
act of the Legislature should not be
considered in case where such case
can be decided upon other grounds,
as that is in fact nothing more than
saying that .Ae constitutlonailty of an
act of the Legislature should not be
unnecessarily assailed for considera-
tons of comfy and respect, which
should always exist amsng the differ
ent departments of the government,
would forbid the judiciary depart
ment of the government from un-
necessarily assailing the action of it's