The times. [volume] (Richmond, Va.) 1890-1903, 1895-06-12
40 TO JURISDICTION.


In the ruling OF the Circuit Court, rem
dorol on circuit I'm this case. IL was held
that tho court had jurisdiction 10 restrain
a county supervisor Of registration In the
performance Of his duties under the cleo
tion laws OF South Carolina.
The division Of our government into
tie legislative. executive. and judicial
dcpartmcnfs is a distinguishing feature
of our American polity. and II Is essential
TO It's existence that each of these depart
monts shall be independent Of the other
n is fundamental and organic. II would
Doe lust as dangerous TO its stability for
the judicial department TO override the
others. as FOR the executive or legislative
department 10 DO so. Hence. while the
right OF Che judiciary 10 pass upon the
consiitutionanfy Of laws Is undoubted. II
has that right simply as am incident TO
its protection OF private rights IL has not
that right as mere means Of settling alb
stract questions. and even in the enforce
mont Of private rights. IL has not the
power TO interfere with the discretion
vested ia the other departments. or with
the exercise Of the political powers Of
those departments. Ii seems 10 me that il
is dangerous encrOachment upon the
prerogatvcs OF the other departments OF
government Il the judiciary be intrlsted
TO exercise the power of interfering with
The holding of an election in State. II
the supervisor OF one county can be en-
joined from the performance of the duties
imposed upon him by the election laws
of the State from whom he holds his
commission, those Of the other counties
can be also.
Thus. a single citizen IN each county
land iI The case al bar ne is not even
a qualified voter can enioin an election
throughout the entire state. ard thus de-
prive thousands OF their right 20 vote
III a court has power 10 DO this free cleo
lions are az an end. II elections arc inn
properly held, there are appropriate
means provided by law for questioning
their results and remedying wrongs. with
out the exercise OF this dangerous power
by the courts. A candidate who has been
defeated. may contest: voter whose
right 10 register has been denied may
proceed TO compel the enforcement or
that right: and these privileges give
what the Legislature deems sufficient
protection 20 the injured. but. in my judg-
mcnt. one citizen cannot. in an endeavor
10 right his own wrongs. disfranchise
others. / do not think that Il court has
jurisdiction to Interfere. by Injunction or
otherwise. with the enforcement of laws
by officers holding and deriving their
powers from these laws. certainly not TO
tho extent In which It is attempted to be
done by this bill In arriving at this con-
clusion ] have not considered the question
whether or not the registration laws OF
South Carolina violate the Federal con-
stitution or laws. 1 prefer 10 rest my
opinion upon the ground OF the independ-
ence OF the different departments OF
government upon the impolicy OF inter
ference hy the courts IN qt estions which
will result In dragging them constantly
into the arena Of party politics, and upon
the general principle that each depart
ment Of the government and each officer
thereof. high or low. has the right 10 ad-
minister, according 10 his best judgment
the duties imposed upon him by the laws
creating his office. AS Illustrating these
general principles, refer 10 the following
DECISIONS: LFnN
Mississippi V. Johnson Wall. 40;