The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-07-31

in this case, which was seen in the Of
fee of Obear & Douglass, here, that it
differs in some essential particulars
from the Mills case, recently decided
in the Circuit Court of Appeals. The
Mills case was brought in behalf OF
himself and all others like situated
against w. Briggs Green, in his ofh-
cial capacity as supervisor OF reglstra-
ton, while the new case is a suit
against Mr.. Green individually, and
it seems that he is not used as supervi-
sor. Upon the contrary, it is positive
ly alleged in the bill that the sections
of the registration law which create
the Office are themselves, together with
all the balance of the act, unconstltu-
tional. and that there exists IN the
State no such o!l:ce as supervisor OF
registration. and 1t IS Claimed rs q
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 the bill, that he IS
a citizens Of African descent. The
peculiar hardships of the act of 1894
requiring the supporting atlidavlts 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 amend
ment as guaranteeing to evry citizen
heequal protection of the law, it being
claimed that under the act of 1894
impossible 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
tration laws are ia violation of the tif-
teenth amendment to the United
States Constitution are set forth fully
and in detail 1t is also atiirmatively
stated in the bill that the complainant
has under the facts of his case no rem
edy at law at all Among other things,
that judgment at law for damages
against the defendant could not be
collected, 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
suggested in the Mills case are dis
posed of under the facts Of the new
case, and it is clearly alleged that the
complainant can have no legal re-
course to any of the suggested rene
dies.
The bill in addition to a number of
other differences between it and the
Mills bill seems to be without any of
the technical objections raised by the
counsel for the State in the former
case. The document in question is a
very full and carefully prepared and
elaborate legal paper, but its length is
such that it cannot here be given in
full. Hence the above synopsis. 1t
is inferred that the purpose of the
council is to differentiate the new case
from the old SO as to obtain an lnjunc-
ton in the new case without conflict
ing with the principles laid down by
the Circuit Court of Appeals in the
Mills case. What the result of this
fight will be Of course no one can tell.
This much, however, seems to be GER
tain, namely: That it presents the
issues upon the merits clearly and
squarely and absolutely freed from
any of the technical points upon which
the counsel for the State sought to
side-track the former case and that
when this case reaches the United
States Supreme Court it will be diff
cult to dodge the momentous issues
made.
Itseems that Mr.. Obear, of the firm
of Obear & Douglass, appeared before
Judge Golf a few days ago and OBJ
tanned the rule to show cause else
where referred to. The hearing has
been set for the 5th of August, 3p. 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. 1t is not
known as yet who viii take part in
the argument. Probably Mr.. II. \.
Obear will make the argument for
the complainant State.
ASsassinatcd i'll the Woods.
JACKSONVILLE, Fla, July 25.-A
special to the Times-Union from