The Indianapolis journal., 1903-04-28
UNITED STATES SUPREME COURT.


WASHINGTON, April 27.-The United
States Supreme Court to-day decided the
case of Jackson w. Giles vs. the board OF
registrars of Montgomery county. Alabama
Giles is colored man who was denied the
privilege of registering as a voter under
the new Constitution of Alabama, and the
case was brought to test the validity of
the portion of the State Constitution bear
ing upon this question. The relief sought
was denied on the ground that the case
was political Justice Holmes. who deliv-
cred the opinion said that for the court
to interfere would be unheard of relief in
cases presenting only political questions.
question of Jurisdiction which was the
question certified by the Circuit Court. and
Justice Harlan dissented on the ground
that the court should have declined TO as
sumo jurisdiction. Justices Brewer and
Brown united In dissent in which they
upheld the Jurisdiction OF the federal courts
on the ground that as Giles was denied the
right OF voting for a member of Congress
by the refusal of the right to register a
federal question was involved:
Jutsice Holiness written opinion was not
made public, but he made extended
statement from the bench, reciting at some
length Giles's petition. In which Giles
for 5000 other negro adults of Montgomery
county, who, he claimed, would be disfran-
chised a result of the enforcement or
the suffrage provisions OF the State Consti-
tuition of 1901. The case had been dis
missed below for want Of jurisdiction, but
Justice Holmes said a majority of the
court were Of opinion that the Supreme
Court should not confine itself to the ques-
tion Of Jurisdiction, but should consider the
case on It's merits. He then announced
that II would be impossible to grant the
Giles is contending that the franchise sys-
tenn Of Alabama Is a fraud he declares
closed by saying that it was beyond the
power OF the court OF equity to grant the
petition.
Justice Harlan, in dissenting, said that in
missed for want OF jurisdiction alone, as
was done in the Circuit Court. and he crit
icised the courts opinion: saying that it
left the question of jurisdiction In the air.
and that he was not willing to Je a party
to such proceeding. Justice Brewer de-
livered the other dissenting opinion. in
which Justice Brown concurred. They
expressed the opinion that the Circuit
Court should have been reversed, and that
ii should be directed to assume jurisdiction
Justice Brown to-day rendered the opin-
ion Of the court in the case of Clinton b.
Wiser and others against John Lawier
pealed from the Supreme Court OF the
Territory of Arizona. and involved the op-
GRAFTON of the Seven Stars Gold Mining
Company. operating In Yaupoi county, In
original owners of the mine bargained to
sell II for $4,000 to the Seven Stars Com
pany. The deed was placed In escrow.
with the understanding that the purchase
money should be delivered to the company.
The property was advertised extensively,
both In the United States and in Great
Britain, and the assertion was made that
there were many Misrepresentation In the
prospectuses. The stockholders made an
effort to hold Lawler and Wells as re-
sponsible for the misrepresentation
and to estop the payment of .pur-
however. that they had not been cogni-
xant Of the representations OF the mining
company. and that even IL they had been
| Informed on the subject they could not
have been held responsible. The opinion
| affirmed the decision OF the Arizona Su-
preme Court.
The Supreme Court to-day decided two
| cases deciding the question as to whether
American citizens who upon their own ap-
| plication have received discharges when
| distant from home are entitled to travel
pay and communication for subsistence.
| The cases were those OF Sweet and Barnett,
| both of which were decided by the Court OF
| Claims favorably to the claimants. That
| opinion was reversed by to-day's opinion.
| The opinion was delivered by Justice
| Holmes who said that the practice OF the
War Department and the Treasury Depart
| ment IN not allowing claims of this char
acter had been long maintained and that
| the court was of opinion that the sys-
| TEN should not be overiuled.
| Chief Justice Fuller announced to-day
that the Supreme Court would adjourn
| for the term on Monday, June 1. He also
| stated that the call Of the docket would be
| suspended on Friday. the 1st of May, but
said that the court would sit next Monday
| when a statement would be made as to
| when the court would again sit between
| that date and June /, the final day OF the
| term.