New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-01
m PREVENT AN ELECTION.
-r, CARDINALS PROPOSED coNsTI-
rr-T1oNAL AMENDMENT.
,,,v RE RAISED IN THE FEDERAL
,-o,-Rrs BEFORE THE QUESTION is
,.orrn on BY THE PEOPLE.

VOTED on Fly THE PEOPLE
r March 81 (speciaD.-Referring to
ks'''s . Constitutional amendment which is 10
the ..s ,non ny the people or this state on the
nc --,,,rsdav Of August. 1900 number OF lawyers
NJ" 80 investigating the question OF how TO get
"a ,~s,itutionaty OF the amendment before the
me s.,.es Court in advance of it's approval or
lh'''U ~, the people a; the polls Governor Rus
reg -. e~sat interest in this question. He is
sen 80 LAWYERS In the State, and he gvs Il
~ n,nion that the proper remedy Is by filing what
,.,o-r as a bill I'm equity in the circuit Court OF
-, r-nited states and 10 ask for a perpetual In
'" -, AGAINST the Secretary OF State and other
..t,r officers to restrain them from submitting
- -,rosed amendment to vote OF the people
- tho distinct ground that Section violates the
~ Amendment TO the Constitution OF the United
states
Governor Russell is we'll aware that the courts
1sve frequently held against issuing injuncions TO
-e,ont a popular election. These cases went of
on the doctrine tina, there was some sort OF legal
a,e5v that might be resorted 10 instead OF the
.cuitab,e remedy That is. that the law would al
low the election 10 be held and then the title to
.ho off COS in q contest between the persons claim
,rs 70 be elected. But Governor Russell intimates
.rat IN recent yeacs the Federal courts OF equity
have 50 Gar extended their Jurisdiction as almost to
eho.sh the old rule that equity would not interfere
,rhen there was a good remedy in the law courts.
10 saws that the Federal equity courts VIII now
,srtain any complaint which makes case for re-
lief unless is apparent that the plaintiff can Oh
tain a complete remedy in the law courts in every
particular lie says that it be clearly shown
that there IS no remedy in this case for the
hundred thousand defrauded voters except by
,l, in equity In the United States courts.
As TO the Jurisdiction Of the Court, IT is said
rat there can be no question. because it IS now
settled that the Court will take jurisdiction try
sry constitutional question raised by State law
which the plaintiff alleges be in violation OF the
Constitution and affecting his substantial rights.
In all such cases the Federal courts take jurisdic
ZION without regard TO the residence Of the parties
10 the suit
GOVERNOR RUssELLs POINT OF VIEW.
T. is reported that Governor Russell further sees
that there is nothing unanswerable in the point
that the courts cannot issue an nterlocutory in
junction because that might prevent the election.
and the Court might afterward hold that the cleo
ton ought 10 he held. This might be a good
son for the refusal OF an interocutory injunction
bur il Is no for the refusal Of a final in
junction. The rule concerning the granting OF in
functions has been greatly relaxed by the courts
in the last ten years According 10 the old prac-
tice injunctive RELIEF granted until the
wrong sought 10 be prevented was being carried
out or some overt act committed. but now
the practice Is 20 prevent and not TO cure. the
principle that ounce or prevention is worth
pound OF cure" This principle has been invoked
other expected wrongs Therefore Governor Rus
sell argues that here is proposed constitutional
amendment that is admittedly unconstitutional. for
the reason herein given, and that permit il be
voted upon and perhaps approved by a majority
u the people VIII be 20 perpetrate a great wrong
on the people and therefore preventive justice
ough; TO be invoked in order TO avert and forbid
papabe violation OF Constitution OF tn" United
States
In connection with this plan question Of policy
ana expedency occupies a large place. II Sec
ton 8 is unconstitutional and decision 10 this
effect Will MOI impair the validity OF the other
sections. then Section will be pu- in force imme
diste.v thus establishing the educational and poll
tax qualification.
Governor Russell was asked MS opinion the
point as 10 whether the amendments must stand or
fall together. but TO THIS he declined 70 express
There are more white men IN the State who can
not read and write than there are negroes. II
Section is stricken down and the rest or the
s-1arf-neut allowed to stand the disfranchisc-
mem viii be more against the whites than against
the cclored men. II this fact can be made plain
70 the white voters they will crush our the amend
ment TIE question, therefore. 10 be decided by
the opponents OF the amendment IS whether Il -
bss- 10 20 into the courts as soon as possible or
70 wait and undertake TO destroy the Democf1tic
party by making the amendment the paramount
issue II the campaign. which is now virtually
opened and under way. II the who.e amendment
should be declared Unconstitutional and void this
would remove i political issue. and every
WAYS been opposed TO 4 and that he was glad it
had been destroyed. There Will be conference
o. leaders soon 70 determine the lire OF policy 10
be pursued