The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1895-06-19
This Case Not Affected.

Attorney General Barber was the first
man in Columbia to hear of the decision
of the United States Circuit Court of APP
peals' action in reversing the decision of
Judge Golf in the Mills registration
appeal case, and in a short time being
posted on the newspaper bulletin boards,
It was known all over the city and was
the sole topic of discussion. The friends
Of the administration were very naturally
rejoiced and did not hesitate to 80 express
themselves on all sides. The negroes
who read the bulletins seemed to be very
much downcast. Nearly everyone SEEM
ed to be Of the opinion that ths decision
Of the Court affected all the registration
cases now pending.
Just about the time that the news
reached the city Mr. j. F. j. Caldwell
arrived in the city, coming from New
leading counsel In the other case.
A representative Ct the State at once
called upon him and asked him what he
had to say about the decision, and how it
affected bis case. Here Is what he had to
say:
is that Judge Goff's injunction against
the Supervisor of registration for Rich
land County has been dissolved by the
United States Circuit Court of Appeals.
We can not ascertain the ratio decidendi
the real ground Of the decision-until
we have the opinion of the Court in full.
It Is hardly worth while to speculate in
the meantime about the points involved
In the controversy, or about the particu-
lar issues determined by that Court. It
may be that the Court holds that the
Courts of the United States have-no au-
thorlty to interfere in contentious be-
tween State government and the citi-
zens Of that State in the absence of e1
press race Determinations or proven
personal injuries. Il may be that the
Court holds the proceeding premature.
injured citizen must apply for his own
peculiar remedy-a mandamus. for in
stance; and that every man of fifty
thousand or hundred thousand excluded
citizens of South Carolina must 20 into
Court and ask for an order TO be regis
tered. We cannot tell.
''But this much is very clear, as mat
ter Of pleading and practice, that Court
could decide nothing beyond the issue
before it. The Issue was, whether or not
the Supervisor Of Richland County should
be allowed to proceed with the Iegistra.
ton of voters in that County. There was
no prayer in the bill for the registration
of any voters. There was no prayer that
unregistered voters should be allowed to
vote. There was no prayer for injunction
against the holding Of elections for dele
gates to the proposed Constitutional Con-
vention, or for an injunction against the
holding of such Convention. The
whole charge in the suit was, that the
registration laws Of the State are contrary
to the Constitution of this State and con-
trary to the Constitution of the United
States. 1t is said that no race discrimina-
ton was alleged, and the only request
made of the Court was that specified
Supervisor should be forbidden to pro-
ceed in registering voters under the Act
of 1894. Everything outside Of that
prayer is obiter dictum.
"However much we may respect the
opinion of the Chief Justice, or that Of
his associates, on general theories or
no weight, as matter of law, beyond the
one issue submitted to the Court.
'sThe suit of Pratt and Price against
John Gary Evans, Governor of South
Carolina. and others, brought by DIR.
Pope and myself, is by no means con-
clIded by any Judgment, opinion or rea-
soning which may have been promulga-
ted by the Circuit Court of Appeals. Our
case looks, not to the closing Of registra
ton, but to the prevention Of the Con-
vention. Its whole trend is to that point.
The amendment making the Newberry
Supervisor party and praying the stay
ing of his operations was mere incident.
Our bill is not affected by any removal Of
the restraint heretofore imposed on that
Supervisor.
"We can move, and you will see us
move before long, for the prevention Of
the outrage commonly known as the
Constitutional Convention of South Car
olina. The Constitution of the United
States is still a potent factor: the Consti-
tuition of South Carolina Is not yet dead:
the people of South Carolina have rights
which they may assert with hope of sue.
cess"
DR.. v. P. Clayton, leading white Re.
publican, when asked about the decision,
said:
~ am not surprised at the decision.
Under the construction of the Court OF
Appeals the negro is virtually disfran-
chised in the State.
II have always felt that outside influ-
ence from whatever source could not
make the negro successful political fac
tor. His rights at the ballot box can be
secured only through the efforts of the
white people in whose midst he lives.
IT think the one defense left the negro
Is wholesale emigration.
"Iexpect the Constitutional Convention