The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1895-04-29
stays n United States Court Has No
Right To Interfere with a state.


Columbia, S. c., April 22.-Another sem
sation was created today by the publication
in The State of the fact that Judge Goh,
of the United States circuit court, had IS
sued another injunction against the state
authorities, on the grounds that the regis
tration act of 1892 was unconstitutional;
that there was sufficient fraud at the polls
in the election last fall to vitiate the call
ing of the constitutional convention; that
there was then a conspiracy between TIL
man, Evans and others to commit frauus'
that the agreement between 1hllndh
Evans, BarnwelI. Hemphill and others
was a conspiracy to defraud the negro
Of his right OF suffrage; that Evans as
governor had sought to carry out these
conspiracies by removing notaries tor TAX
ing afidavits from negroes; that the HE
gal acts of supervisors Of registration
were part of the same conspiracy, etc
The important portion of the letter reads
as follows:
1T is ordered that the defendants, John
Gary Evans. governor of the state OF
South Carolina and =. Butler Mccoy, a
commissioner of elections in said state, ana
all other persons charged under the laws
of the said state with the duty OF holdlhs
or managing elections for delegates 10
convention to be held the second
Tuesday in the month of September $780,
for the purpose of revising, amending OF
changing the constitution of that state, be,
and they are, hereby enjolned ana re-
strained from any and all action looking
TO the holding of such election or cleo
lions until the further order of this court
1T is further ordered that said DEFEND
ants do show cause why they, and each
of them should not be perpetually enJolheu
from ordering, holding or procuring 10 De
held in the said state. any election or cleo
lions 70 delegates to a convention ior thS
purpose of revising or changing the con-
stitution of said state of South Carolina.
And il is further ordered that the said
defendant, John Gary Evans, make full,
true and perfect answer. under oath to the
iterrosatories flied with the said bill, on
or before the said second day OF May
1895"
Governor Evans hurls defiance ut this
order in similar language to that employees
by him in referring 20 the jurisdiction
against the dispensary and declares that
he viii pay no attention TO it. lie made
this statement today:
Il have not been served with any order
or any other paper from Judge Golf, but
from the published accounts it seems that
/ have been enjoined IS governor of the
state of South Carolina. and Mr.. Mccoy
as a. commissioner of election of the state
of South Carolina, ana not as individuals;
The state of South Carolina is still SOW
ereign and independent ana it is my duty,
under the constitution of the state, TO exc
L
tinuc 10 do this without fear of presump-
tive interference of Il United States cir
cult judge. I shall treat the proceeding
with the contempt il deserves. We will of
course act at the proper time in accordance
with the respect due to the constitution
of the United states; and at the same
time all arrangements necessary for the
carrying out OF the win of the people in
reference TO the constitutional convention
will be made and an duties required of
me by the constitution and b. the statute
laws of the state of South Carolina VIII
be faithfully performed. If l am i'm con-
tempt OF Judge GCn he must make the
most OF it,"
Now, What VIII Con DO:
Columbia. S. e.. April 2j.-Folowng out
his declaration of intention to disregard
Judge Gor's temporary injunction restrain
ing all state county and municipal officers
from interfering with liquor shipped into
this state WHINE in transit and III the hands
of consiguees. until May I'd, Governor
FyauSs liOuor constable this afternoon
seized a barrel Of bottled beer, shipped by
express from Augusta, Ga. to ID. j. Gobie,
this city They broke il open and CON
viewed iis COutis. ated contents to the state
, ,lisl elsary. State i.iuuoU Commissioner
Nilsson Yesterday issued "a circular to con-
stables commanding them to be particu-
larry Vigilaut i'm detecting and selZlnS
liquors. The further action OF United
States judges is awaited with the keehest
interest.