New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-19
SELECTIONS FROM THE MAIL
THE SITUATION IN SOUTH CAROLINA.

NO DOUBT AS TO THE JURISDICTION OF FEDERAL
c.,,,pre OBSERVATIONS OF A NORTHERN MAN.
To The Editor Of The Tribune.
cir. On n recent visit into the South had an
opportunity OF obtaining much important info'na-
ton bearing upon the present condition OF ana's III
South Carolina which deem will be OF interest 10
the general public. nasmuch as a very grave mis-
apnrehenson appears to exist In the public NINA
in rerar I'd to the facts and circumstances attending
the cases in South Carolina. before Judges Con
and smonton. Circuit Judges of the United states
Court Some prominent newspapers. North ana
South. evidently from an imperfect knowledge vi
the facts have denounced the proceedings as clear
invasion of the rights of that State assuming that
no Federal question was involved, and therefore
the Federal courts had no jurisdiction. and that po-
ltical considerations ana party poitics were a. 'e
bottom OF the cases
The facts are SO far party influences are con-
cerned that the brought to test the constitu-
tionality Of the Registration and Dispensary laws
OF South Carolina were brought by }. II. D. Caiu-
well and Sampson Pope. OF the Newberry par' po'n
prominent Democrats. both lawyers Of distinguished
ability representing Democratic clients. One OF the
cases to test the registration laws was brought by
Messrs Obear and Douglas. Democratic lawyers, or
Washington D. c. until within a few months
leading and able members or the Columbia, o. u,
bar, representing Republican clients Judge Ion
is Republican and Judge Smonton, naive OF
South Carolina and Democrat. IL may NC se"ee'
with confidence hat there Is not a lawyer whose
opinion is entitled TO the least consideration In
South Carolina who does not admit that the regis
tration laws OF that State are clearly obnoxious TO
both the Federal and State constitutions so that
II appears clear the Federal Courts had unques-
toned Jurisdiction to pass upon them. 1t was
charged In the liquor dispensary case that the law
creating the dispensary violation or the
commerce clause OF the United States Constitution
nd IN Jnta ~ La IA a How
it can be doubted that the United States Court had
Jurisdiction In that case Is ncomprehensibe.
Ii may be of interest to know In connection with
this litigation that the Dispensary law was once
declared unconstitutional by the Supreme Court OF
South Carolina when the court was composed or a
majority Of lawyers Of great eminence, Judges Me-
Gowan and Mclyer. Associate Justice Pope, a
Ti.manite, filed dissenting opinion, Judge Nc
Gowan retired by Tillmanite Legislature, and
Eugene Gary put In his place, leaving only Judge
Newer OF ne Old court Another case was made
after the personnel OF The court was mus changed
ana the two ilmanlie Judges sustained the cohrt-
iulonay o. The pspensnf{ law, nhlef Jasee No.,
unsatisfactory ana inopncluHye, ana Mr. DUNBAR
Neil V, Ts sSG no I" hs n ned aasa "o before
Judges Edmonton ana uon on the grounds hhnva
December M l'ole nlrd petition w The hthle M
prone Cont praying for an Injunction AMI attack.
Ing The cohaulonall'y OF the h9ulh Carolina l!ce.
lHttatlgn laws The case was nhy, nnd elabola'ely
argued hj MosHiH. Douglas and lonnnns on the
part OF The peutl0tef, ana by tho Atoihoy-Icnofal
Tor the State.
For six months the court, composed OF two TIL
manltos-pope and Gary-and one Conservative
Doinocrat-Mcfvof- has refused TO render decision
Meantime the Legislature amended the election laws
without eliminating the obnoxious and uncOnst-
tutlOnal features. The Til.man. or s0-called re-
form, faction OF the Democratic party openly and
repeatedly boosted that they intended TO dlsfran-
chlse the negro. Leading citizens OF the Conservn-
tive faction entertained the apprehension for which
they had good grounds that the Tilmanltcs. having
control OF the entire election machinery would 20
further and disfranchise them also. IL Is. there
fore reasonable 10 assume that this element OF the
white population will accept with satisfaction the
recent action Of Judges Goff and Slmonton. IL goes
without saying that the Republicans Will rejoice. and
good citizens everywhere ought TO be satisfied win
this peaceable solution OF very vexed question.
| doubt II there has ever been In the political
history of this country such nagrant reckless De
fant disregard OF law this Tllman-reform FAC
ton has actsed in South Carolina. Their preie-
cessors in power suffering righteous retribu-
ton for trampling on the right Of suffrage as they
did but they entitled 10 the credit OF proceed,
Ing under the forms OF law. and with some regard
for the opinions OF mankind. The faction now IN
power have defed everyt thing and boosted OF H.
II Is sincerely TO be hoped the good people OF
South Carolina Of all parties and factions VIII now
take these questions up where the court has left
them and conform their laws to the constitutions,
with their fellow citizens Of other States In an
honest conscientious effort to settle the right OF
suffrage on honorable legal grounds a.,
we of the North profoundly interested IN tne
orderly conduct of public affairs In south Caronha'
and her own future depends upon II o,n,,
' JOHN SCHUYLER CROSBY.
New-York, May TO- 1895.