The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-06-08
REGISTRATION IN CAROLINA.
THE ARGUMENTS IN THE FIGHT
HEARD AT RICHMOND.


Attorney General Barber Opens For
the state and Denies the Jurisdic-
ton of the Federal Courts in the
Premises-He Also Denies That the
Law Does Not Provide For Discrim-
ination Against Any Voter.
Richmond. Va. June 7.-Argument in
the South Carolina registration case was
begun in the United States circuit court
Of appeals to-day before Chief Justice
Fuller. Judges Hughes and Seymour.
Attorney General Barber opened for the
state Of South Carolina. The trend Of his
opening remarks was that the federal
courts had no jurisdiction in the premises.
He said it was set forth by Judge Cor
that the petitioner was a colored man,
and. therefore, the refusal Of the laws Of
South Carolina to permit him to vote was
in violation of the fifteenth amendment
Of the constitution.
Mr. Barber called the attention Of the
court to the fact that nowhere in the rec
ord did this fact-that the petitioner was
colored-appear. though 1t was commented
and very prominently brought to the at
tention of Judge Goff when he granted the
injunction.
The attorney general stated that in
stead of providing for a discrimination
against any voter. the law set forth that
any male citizen, regardless Of race, color,
or condition, who had resided in the state
for one year. was entitled to vote II was
not the law, he said. that caused Judge
off IN To-
MED their privilege, but it was the abuse
Of the law by people ostensibly working
under 1t. He cOntended that the law
should not be held responsible for dereiec-
tons of election officers.
Mr. Douglas made the opening speech
for the petitioner. He prefaced his ar
gument with the statement that though
he and his associate, Mr.. O'Bear APP
peared in opposition to the cause of the
state, they were in no sense against the
state, except that they were endeavoring
10 bring about right
In addressing himself TO the question
of the jurisdiction of the United States
court he said that if wrong was com
mitted, and the effect of that wrong was
to disfranchise a voter, and thereby inn
peril the federal elections he contended
that a federal court unquestionably had
jurisdiction. The law. he said. was in
violation of section I, article "a. of the
law denies a voter his liberty when it
takes away his vote. and therefore, the
court had jurisdiction to enioin against
further infractions of the constitution of
the United States In conclusion he sub
mitted that the law was in violation OF
the fourteenth amendment to the consti-
tuition. and in substanuation of that
statement called attention to the certih-
cate feature of the law and said It was
almost impossible for the illiterate voter
10 differentiate his registration from his
tax receipt, or any other official paper he
might have. He asked the court the di-
rect question:: What class is 1t directed
against the whites, or the negroes?"
Chief Justice Fuller replied that II
might have been directed against either.
Mr.. Douglas, continuing, directly at
tackled the law, and argued that 1t was
enacted simply for the purpose of dis
franchising the negro vote.
Mr.. Douglas was followed by Mr. O Bear,
his associate. whose argument was large
ly of legal nature. He held that the
court had jurisdiction to hear and act in
the case. and then occupied some time
in the citation of various authorities and
cases bearing upon the matter at issue.
Gen. Edward McCrady made the closing
speech for the state. He began his argu-
ment by making a careful explanation of
the registration laws, and showing that
the circumstances which existed when
they were enacted justified their passage.
He compared them to various other regis
tration laws, and argued that they were
not more unjust or discriminating than
the laws of other states
which had at various times been
declared constitutional, and thus, though
the laws had been in existence since 1876,
their constitutionality had never been
questioned till 1895. He said If they had
been as unjust as they were charged 10
be, they would not have been allowed to
have remained so long unquestioned. He
claimed that the whole case was a politi-
cal one and that Mills was only a figure
head and the speaker did not know to-
day, so far as the record went whether
Mills was white or colored. Gen Nc
Grady closed his very brief argument by
saying he thought the court was in full
possession of all the facts, and that il
would be unnecessary for him to ask the
attention of the court further.
The chief justice asked if ii were de-
sired by counsel to submit written briefs
but none were forthcoming. Three days
were given each side in which to hand
in cases to substantate their petitions
The court adjourned till Monday at 10