The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-05-08
BEFORE JUDGE G0FF.

BEFORE JUDGE G0FF.
.CONTINCED FROM PAGE ONE
forth in the 10Th and 18th paragraphs
of the bill. your respondent submits
that the requirements Of the act of 1894
for registration are not unreasonable
and unconstitutional. the sections i, 5,
6 and T of which said act are:
Here are set forth the provision Of
the Act of 1894, fixing rules for the
election of delegates to the Conven-
tom
II. That as to the number of voters
of African descent in South Carolina
unregistered in 1892 or since, and as to
any preference of any supervisors in
registrating electors, your respondent
has no knowledge or information suf-
ficient to form a belief and denies
the same, but your respondent is ad-
vised and AYERS that in no provision or
section of the registration law of
and in no other section or sections
Of the law is there any discrimin-
alton against citizens of African des-
cent, ION account of race, color or pre-
Visions condition of servitude," and
that the said registration law in
nowise violates or contravenes the
fourteenth and fifteenth amendments
of the Constitution of the United
States
*
Is. That your respondent calls at
tention to section seven of the act of
1894, as heretofore set forth, and de-
MES that it demonstrates any unlawful
purpose on the part of the General AS
sembly OF South Carolina as charged
in the twenty-fourth paragraph of the
bill.
is. That as to the matters and things
set forth in paragraph twenty-eight OF
the bill, that there was no time al
lowed for the registration of voters in
the State of South Carolina, who ar.
rived at the age of twenty-one years
before the 14th day of March, 1894, and
were citizens of the State at the time.
and are not now registered, but aver<
that by section six of the act of 1894
hereinbefore set forth. all electors in
the State of South Carolina, are now
registered, have four days, towit, the
first Mondays in May. June and July
and August, 1895, within which te
apply for registration, and that, if ths
co1nplainants and other citizens now
unregistered, do not so apply, their in
ability to vote for delegates to the con
vention will be due to their own care
lessness and direliction.
10. AS to the matters and facts stat
ed in the paragraph twenty-nine O.
the bill, your respondent is advised
and AYERS that the acts of the Genera
Assembly of the State of South Caro-
lima, passed in 1882 and 1894, do no
violate or contravene the Constitution
of the United States or the acts O.
Congress. or the Constitution of thu
State of South Carolina in any re
spect; that the election held in 1894 tt
determine whether a Constitutions
convention shall be held was consti
tutional and valid; that your respond
ent, as to the other matters and thing
set forth in the said paragraph of tn
bill, has no knowledge or information
sufficient to form belief, and, there
fore, denies the same; that as to th'
matter Of the Legislature Of the Stat
discriminating against voters purpose
| ly in its legislation, those are contra
dicted hatly by the act itself, which
contains the following: Here follow
the provisions Of the law.
AS soon as the returns were read
| DR.. Pope called attention to the fac
that that of Governor Evans and hi
correspondents was not sworn to. Gen
| McCrady, for the State officials, ar
gued that as the paper raised lega
points only, it need not be verified
After some little talk from the law
yers, Judge Golf decided that the re
turn should be sworn to, and CAV
counsel time to have the matter al
tended to.
| Court then adjourned for dinner
THE ARGUMENTS.
| In the afternoon session the Atto1
ney General submitted the return Q
the Governor duly sworn to by hi
Excellency; and Judge Golf directe'
counsel to proceed with the argument
| It was agreed that the attorney
should speak in the followidg order
Attorney General Barber, Mr.. Doug
lass, Mr.. Mower, DR.. Pope, Mr.. Cald
well, Gen. McCrady.
Attorney General Barber addresse'
the court in an argument Of tw
hours duration. He began by refer
ring to the injunction as the ''stron!
arm of equity" py which it was nov
sought to arrest the power OF tn
legislative branch Of sovereign State
| He touched on the growing tendenc,,
to use the power of the Federal Court
for different purposes. He denied tn
jurisdiction Of the United States Cour
to determine the matters now brough
before Judge Golf. He maintaine'
that the matters suggested by tn
complainants were not the lawful sub
ject of judicial inquiry-at east in tn
form nov attempted. He denied tina
the courts of the United States &C
quised jurisdiction of the matters il
hand, by reason of the 14th Or the 15tl
amendment to the Consultation. Il
urged that the proceeding here was
in effect, suit against State-whicl
could not be maintained. He clte'
numerous authorities in support o
his different propositions. But, ever
admitting the jurisdiction Of the Fed
eral Courts in the subject--matter O
the complainants, Mr.. Barber denie'
that the registration law is in viola
ton of any provision of the Stat
| Constitution or of the Constitution. G