The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-08-03
THE REGISTRATION FIGHT.
Judge Gof,s Latest Order and the
Outlook. What Attorney General
Barber Saws.


Outlook. What Attorney General
Barber Says.
The Columbia State, says: There
are some features of the new registra-
ton law test case, brought by Messrs.
Douglass & Obear before Jouge Gof,
which are liable to have quite an effect
upon the coming Constitutional Con-
vention, and the prediction is now
made that good many of the super
visors, if not all, will be jailed for
contempt of court, assuming, of
course, that Judge Gof will grant his
Injunction. If the injunction is grant
ed, there will necessarily be more or
less of a cloud over the convention.
This fact stands out very clear-thatif
Judge Golf grants the injunction re-
straining the supervisors from turning
the registration books over to the man
ayers of election, there is no possible
way for the case to be gotten before
any higher tribunal before the general
election is held. None Of the higher.
courts will he in session, and there is
no possible scheme by which the in.
junction can be set aside. 1t might be
stated just here also that the State exj
poets that the injunction will be grant.
ed.
Now, this being so, there will be
nothing else to do but for the State
authorities to obey or refuse to obey
the order of injunction. 1t is safe to
say that they will refuse. This being
done, the books being turned over to
the managers, the only way the cleo
ton cen be conducted will be for the
order to be disobeyed, and then no
doubt the supervisors will be Jerked
up and punished for contempt OF court
in disobeying the order.
This once done the State can get the
case heard on its merits, before the
time for the assembling Of the conven-
ton, before competent court, by in
stitutipg habeas corpus proceedings IN
the cases of the imprisoned supcrvi-
sors.
Now, if the order of injunction is
subsequently dissolved by the Court
of Appeals or the United States Su-
preme Court, then there can be no
cloud on the convention. But If the
Injunction assuming that it will be
granted-is sustained by the higher
courts, then there will be pretty ket-
tic of fish, and it would appear that
the convention will be null and void !:
ii it be held. It is mooted question,
however, as to what the exact condi-
ton of affairs would be under these
circumstances.
1t is understood that the State is re-
lying on an ultimate dissolution CT
Judge Gof's Injunction, il he grants:
it, because Chief Justice Fuller, IN.
handling the jurisdictional question in,
the Mills case, declared several times
very emphatically that court OF.
chancery could only protect civil and
-u:shAr-no1-1,t.t nOlificaI
rights.
On Monday Attorney General Bar
Der returned to Columbia and by ap'
pointment met Gen. McCrady here,
the two holding O consultation IN re-
gard to this new case, The attorney
General would not have much to say
about the case. He said that he was
at work on the case and wonld fight 1t.
He would ask for no postponement,
but would be in Richmond on Monday
morning. He will make but a brief
argument.
He said. however, that he had been
receiving a great many letters from
supervisors of registration all over the
State asking him il they must open
their books for registration on the
first Monday on August. He had IN
formed all that the law required them
TO do SO.
ssBut are they not enioined by Judge
Goff's order from doing so?' was
asked.
no" said he, supervisor Green
is only restrained by Judge Goff 5 Or
der from delivering to the boards Of
election managers their books but not
from opening the books. of reglstra-
ton. He has issued q rule to show
cause why they shall not be restrained
from exercising any Of the functions
of supervisors OF registration, bnt the
restraining order goes only as far as
l nave stated. -,
T. Mr.. Barber declined 20 speak OF the
merits OF the case til he had seen tue
Iii! ~F comi:'ai"t.