Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-05-29
APPEAL FROM GOFF.
His Decision in The South Carolina Case
to Be Reviewed.
WAIT FOR THE CHIEF JUSTICE
his Presence Necessary I'm order
That the Matter May Be Heard
The Registration Laws, and How
They Came 90 He Attacked.

They Came 10 lie Attacked.
The famous South Carolina registration
,ase. which has attracted such wide
spread attention for the past few weeks
zane up in the United States Circuit
Court OF Appeals yesterday before Judges
Golf. Simonton, and Hughes, and mo
ion 20 docket the appeal from Judge
COTS decision. and advance the hearing
20 that Il may occur as soon as possible
Mas made
The motion was allowed, but the argu.
ment was continued until the arrival
Il Chef-Justice Melville W. Fuller. who
with Judges Simonton and Hughes. will
AGAR argument on the motion. Justice
Fulles viii probably be here Thursday.
lie was expected yesterday, but tele-
gram from him 10 Judge Con said that
ais coming was necessarily deferred.
A<torney-General William a. Barber. of
South Carolina, and Mr. Edward Nc
Grady, Of Charleston represent the State,
and Mr. II. n. Obear. OF Washington.
represents the petitioner for the injunc-
hon.
WHAT THE ISSUE IS.
The issue, as set forth by Mr. Obear
IN an interview with Dispatch man. IS
bill In equity by one OF the voters OF the
state, who found himself unable TO COM
ply with the regulations and restrictions
Of the registration laws. Being thus cir
cumstanced. he would be unable 20 vote
at the election called in South Carolina
IN August next to choose delegates to IA
constitutional convention to sit In Septem-
Der next That convention would be en-
powered to modify, change, or abridge
the qualifications Of voters.
The bill charges that the registration
laws are In violation Of the Constitution
Of the United States in many particulars.
a preliminary Injunction was granted by
Judge Con- in the latter part of April.
returnable May I'd, In Columbia, S. c.
The cause was heard I'm Columbia on
the bill and the return OF the defendant,
and Judge Com decided the laws to be
unconstitutional and continued the in
junction. The defendant w. Briggs
Green, was Supervisor of Registration
Of Richland county, and was restrained
by Judge COTS order from continuing
TO act as such Supervisor, and from
handing down the registration books TO
the Board Of Managers Of the approach
Ing election for delegates to the consti-
taken by the defendant to the Circuit
Court Of Appeals Regularly, this appeal
could not be heard until the next term OF
the court, but the motion made yesterday
Tor docketing the appeal will probably
result In the case being heard this term.
THE CONDITIONS THAT EXIST.
Ihls is a conservative statement Of
facts, and the attorneys for the defence
expressed themselves as being satisfied
wiih 1t. Mr. Barber the Attorney-Gen-
sral' was asked for a synopsis of the
'ase' together with the conditions that
said:
The registration-laws Of South Caro-
INA have been on the statute-books since
too<' ana have been altered and amended
only IN minor particulars. In 1892 the
Legislature passed an act submitting the
question Of calling a constitutional con-
Nention 10 the voters Of the State at the
next general election, which was in No
Vemoer, 1884. a majority Of the votes
cast were In favor of the convention, and
the General Assembly pursuant to the
Constitution at its next session, i'm De-
cember. 1894. passed an act calling the
constitutional convention, and provided
the qualification of voters TO vote for dele
gates 70 such convention
THESE qualifications were based SUBJ
stdntially upon the Observation-Disclosures.
with some slight amendments. The com
plainant in this case. who is and has
been citizen Of Richland county, brings
his action on the equity side Of the United
states Circuit Court against the Super
visor OF Registration of Richland county
10 en)oin him from carrying out the
provisions Of the registration-laws of lS2.
and also the provisions Of the constitu-
uonal convention act so far as they re- |
late 10 registration. This is the first
attempt in the United States court to in |
terfere with the Observation-Disclosures of our |
State, although they have been standing |
since 1852 The complainant AYERS that |
he Will not be able TO vote for delegates |
to the constitutional convention because |
ne VIII not be registered. The public is /
doubtless familiar to some extent at /
least with the proceedings in Columbia |
before Judge Goff, in which an Injunction |
pendente lite was granted. II is from |
this temporary injunction that We appeal |
TO the Circuit Court Of Appeals. While |
there are other Issues involved, the lead
ing question is as to the Jurisdiction OF |
the United States court TO interfere in |
this matter.
NO SPIRIT OF REBELLION.
Partisan papers have charged the |
state with being in a spirit of rebellion |
and defiance TO the Federal Government.
These charges are wholly unwarranted |
The position of the State is that the
calling and holding of a constitutional
convention, and the election of delegates
10 II, are political matters of purely "a |
local nature with which the Federal
courts should not interfere. We take II
that the right TO vote Is a political right,
and does not come within the perview of
the amendments OF the Federal Constitu-
ton relative 10 property and civil rights,
but is matter belonging exclusively 10 |
the several States. This is the position |
We take, and there is neither treason nor
rebellion in It,"
Being asked what the present status
now is In South Carolina, Mr.. Barber
continued: Naturally, our people are |
very much excited and exercised over this
sudden annulllng of the registration-law.
almost on the eve Of the election for
delegates to the constitutional conven-
ton. AS II now stands, the registration
laws are completely blotted out, and just
what the final result Will be no one
can foretell.
THE RESULT IN DOUBT.
1.-THE effect OF the decision OF Judge Con
upon the northumberland act is
a much-mooted question. On the one
hand, it is contended that an extra ses-
sion OF the Legislature could remedy the
trouble and provide suitable machinery |
for carrying on the election. On the other
hand, IL is held that under our Consti-
tuition. which provides that the General |
Assembly at its next session after the
election at which "A majority vote Is
cast in favor of holding q convention,
shall provide for calling the same, the
power of the Legislature in the premises
has been exhausted. Upon this matter my
..NssNA ATs l
do not care TO express ii here.
This Is about all can say as to the
present status" the Attorney General
concluded. "a great deal has been SAID
about white supremacy in South Caro-
lima am persuaded that the white peo-
pie themselves are fully capable OF taking
care Of that"