The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1895-08-12
VICTORY FOR SOUTH CAROLINA
In the Injunction Case Ag"i"s'
REGENERATION Law.

picbmond Va. August Elm the Chiteu
G., oirc,it court here this morning
Judge Golf handed down a DrleI ueOiN'''i a.
the South Carolina registration caSe'
missing complainants' Dill LOT an -, "a
ton only the attorneys In the case "lN
a foyr otbers were present when the opih-
ion was delivered. The courts opliiloii 10
as follows: .. rrasant-
when the bill in this case was pr ~,
ed for my consideration ueeileu r - ~
duty 70 give the complainant an oppoItG
nitT ~ Demonstrate that he was entitleu,
as he claimed, to the relleI ne pc a. a..
and to the jurisdiction OF TINS cVu H. ~ ,i,,os
dr. 10 securp IT, My views upon the qudS-
tions presented by this case were luliS - ~
pressed In the opinion l hied IN ine 80
of Mills VS.. Green. ! have gwen the oi
ION filed i'm said cause by the circuit court
of appeals for this circuit Tor the nay
term 1895, and all the cases clleu 'Iei 90
my careful consideration ana lhoroush ca
animation, and / must DE peIHhtteu ~
say with all due respect that am uhdDiS
TO find the reason or the authority Tor 'inu
by which the injunction 6rdlite1 IN ~
case was dissolved and the bill dismissed
| think that in the Mills case, as wen -
In this the rights claimed by the lTIsPeOeI
i've plaintiffs as citizens % tiS rarniina
States and of the state OF oouth NdI OIlIt
have q property value OF the hlSheSt anu
most sacred character-ot Tar greater NdI-
ue and Importance than nave coiniiiV t ~
the. values of which are measured bE the
number of pounds they weigh, or the mum
Der OF goods they contain. These rights;
il is admitted said plaintiffs are deprived
Of br1 it is assisted that they nave ace
quate remedies at law and that equity
therefore, cannot entertain thelI NoA"-
plants. ,.
court of appeals did not indicate the char
acter of the remedy at law alluded 70 IN
such opinion, and | also regret thal I'm
unable. after thorough investigation 10
find #. | will not coucede that IL is proper
to ctose the doors of the courts of the uni
ted States TO their citizens who are COM
Uni hl.
states of the rights and privie%es guaran-
teed to them by the constitution Of the
United states. and TO advise them that
they must seek the jurisdiction OF the
courts of the states for relief from the out
RACES imposed by the unconstitutional en-
actments Of such states. am advised
that the full and complete opinion OF the
circuit court OF appeals IL Vet 70 be hled.
and indulge the hope that upon this point
il viii not leave us in doubt. In my 1uds-
ment such Cases-und~r the rules d.stin-
gushing equity and law cases applicable
to the courts " the U-it"d States-should
be especially heard on the equity side of
such courts for the reason thai saiS courts
are among other things. established 10 de-
termine controversies involving conflicts
S@$s r:., : S. s.
Sfisytcl .ha, Slt.'.y --'lI into~fer. ,vher, tn.
injury complained Of l. such that II can
not be fairly compensated for by damages
or i j. is continuing or permanent in char
actor"
Here the court cites various opinions to
sustain that point.
THE fact that there is a remedy at law
is not OF itself sufficient 20 define equity of
Jurisdiction unless t. also appears that the
former is as complete and effectuai as the
latter
Other cases are cited here.
'.Neysrthcle-F. white / entertain these
views my Erset respect for the circuit
court 81 appeals my desire to properly re-
gard the judicial proprieties and my duty
to ,yiv~ due weight and authority to the
decisions and opinions Of the appellate
courts OF the United States compel me.
fudius q. ! 10. thst this case In its mate
rial alterations. It's true scope nnd effect,
is In fact Similsr to the Mills case. 10
which / have referred. to refuse the In
junction asked for ana dismiss the COM
pIainnnts' bill, and such decree Will now
b. entered
This Is OF course. complete victory for
the state Of South Carolina, bat Attorney
O'Bear. who represents the plaintiff' VIII
take an appeal direct to the supreme court
of the United States and thinks he can get
an early hearing as = privilege case. lie
left for Washington and the South Caro-
linn attorneys VIII return home this even
ing.