The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-08-01

aforesaid, any books or paper writings
purporting to be said registration
books.
'tLet copy of this order be forth
with served upon said defendant, this
22d day of July, 1895.
(Signed) "NATHAS Corr,
~. S. Circuit Judge, 4th Circuit. "
It seems, from perusal Of the bill
in this case, which was seen in the
office of Obear & Douglass, at Charles
ton, that it differs it some essential par
Iticulars from the Mills case, recently
decided in the Circuit Court of Ap-
peals. The Mills case was brought in
behalf of himself and all others Ike
situated against ". Briggs Green, in
his official capacity as supervisor Of
registration, while the new case is q
suit against Mr.. Green individually,
and it seems that he is not sued as
supervisor. Upon the contrary, it is
positively alleged in the bill that the
sections of the registration law which
create the Office are themselves, to-
gether with all the balance of the act,
unconstitutional, and that there exists
in the State 40 such Office rs super
visor of registration. And it is claim
ed as legal consequence that the acts
and regulations under which Mr..
Green, the supervisor, has been acting
are his own individual acts. Another
essential difference is that It is in SO
many words alleged that the complain
ant was distinctly refused registration.
Also, it is stated in :ae bill, ttat he is
citizen of African descent. The
peculiar hardships of the act of 1894
requiring the supporting affidavits are
made clear by the facts surrounding
the particular case of the party suing.
And that act is specially attacked as in
violation of the fourteenth amendment
as guaranteeing to every citizen the
equal protection of the law, it being
claimed that under the act of 1894 i'm
possible and impractical conditions to
register are imposed upon the voters
unregistered at the time Of the passage
OF that act, which are not required and
imposed upon those electors now upon
The registration books.
The particulars in which the regis
tratior laws are in violation Of the if
tecnth amendment to the United States
Constitution are set forth fully and in
detail. 1t is also affirmatively statel
in the bill that the complainant hes
under the facts of his case no remedy
Mt law at all. Among other things,
that a Judgment at law for damages
against the defendant could not be col
lected, and that even if collected would
not be adequate relief to him for the
deprivation Of his right to vote. The
other legal remedies heretofore sug-
gestcd in the Mills case are disposed OF
under the facts of the new case, and 1t
is clearly alleged that the complainant
cun have 10 legal recourse to any OF the
suggested remedies.
The bill in addition to a number OF
other Offences between it and the Mills
bill seems to be without any Of the
technical objections raised by the
couaSel For the State in the former
case. The document in question is
very full and carefully prepared and
elaborate legal paper, but its length is
such that it cannot here be given N
full. Hence the above synopsis. 1t is
inferred that the purpose of the council
is to dinierentiate the new case from
the old 50 rs to obtain an injunction
ia the new case without conflicting
with the principles laid down by the
Circuit Court OF Appeals in the Mills
case. What thcresult of this hight Will
be of course no one can tell. Thls
much, however, seems to be CERTAIN
namely: That it presents the issues
upon the merits clearly and squarely
and absolutely freed from any OF the
technical points upon which the coun-
sci for the State sought to slde-track
the former case, and that when this
case reaches the United States Supreme
Court it will be difficult to dodge the
momentous issues made.
It seems that Mr.. Obear, OF the
nr.u Of Obear & Douglass, appeared
before Judge Goff g few days ago ana
obtained the rule to show cause else
where referred 20. The hearing has
been set for the 5th of Augusta p. m''
in the court room Of the Circuit Court
of Appeals at Richmond, at which time
it is expected that the arguments on
the case will take place.