Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-06-04
The south Carolina Appeal.
(New York TimesJ

The appeal from the decision OF Judge
| Golf in the South Carolina registration
! case has been brought before the United
States Circuit Court of Appeals at Rich
mond. Va. which has taken jurisdiction
and viii fix an early date for hearing ar
yumcnt. This court consists or Chief
Justice Fuller. Of the Supreme Court. pre-
siding; Judge Hughes. Of the Eastern Dis
| trict Of Virginia, and District Judge ST.
monitor. Of South Carolina. The last
named sat with Judge Goff al Columbia,
but took no part I'm the decision Of the
registration case. though he rendered the
| judgment OF the court against the dis
pensary law.
The importance Of this election case
| does not seem 10 us TO have been gen
orally appreciated The iniquities com
| mitted or alleged 10 have been committed
| I'm the execution OF the registration and
| cl, elton laws of South Carolina seem 10
have obscured the minds Of most people
10 Tho far-roaching consequence of Judge
COTS decision Il il should be sustained.
| IL would bring the election laws and the
! constitutional provisions affecting the
suffrage OF any State under the review
OF Federal courts, which would have the
power To nulHfy them. The question Of
State rights IN one Of its most important
aspects Is involved.
The South Carolina law makes no dis
tinction on account Of race. color. or pre-
viOus condition Of servitude, and is not
obnoxious 10 the prohibition Of the ff-
teenth amendment on that score Judge
Go0 only maintained that IT put difficult
ties I'm the way OF the exercise Of the
suffrage. which had the effect. not OF
protecting. but Of hindcring and restrict
ing it. Thereby the privileges or inn
munities OF citizens Of the United States"
were Abridged That. go far IS We can
sec IS the only constit tonsl point in
volved. There was no question of nation
al as distinguished from State or local
elections. but merely a question Of State
laws which operated 10 prevent a part
Of the citizens from voting by imposing
unreasonable requirements upon them.
If Federal authority can intervene to
pass upon State regulations Of the suf-
frace and of elections. and interpose in
functions 10 stop State and local elections
whenever Federal judges may hold that
these regulations are unreasonable and
operate TO abridge the privileges or i'm
munties Of citizens OF the United States
the registra ton and election laws Of any
state and the suffrage qualifications Of
any State Constitution may be brought
into review and set aside on the same
ground. II becomes a question whether
the constitutional provisions Of Massa-
chusetts and Mississippi establishing an
educational qualification, the poll tax re-
quirement Of Tennessee and several other
States. the blanket ballot laws, and even
the registration acts Of most of the States
are not liable 10 be set aside by the
Federal courts. Ii seems to us that the
manner In which State laws are executed
by State and local officers intrusted
with duties under them is not a matter
20 be inquired into by Federal authority
| II the laws themselves are not in conflict
with the Constitution of the United States
II the South Carolina registration and
election laws are i'm conflict with that
instrument. II is hard to see where the
| line is to be drawn.