Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-05-05

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The case is that of Jackson Stiles of
Alabama against the Board of Regis
trars of Montgomery county, decided on
Monday In the United States Supreme
Court adversely to the plaintiff. The
opinion was not filed until this after
noon.
Justice Holmes says the remedy for
a refusal to register the negroes as a
part of general scheme to dis
franchise them is not suit in equity
and hence the plaintiff loses. The ira
ditional limits in proceedings in equity,
he says, have not embraced a remedy
for political wrongs. Having in mind,
however, the Importance of the case,
the court finds itself unwilling to stop
short at this point and not take iLto
account more important considerations
in disposing of others Justice Holmes
writes:
THE plaintiff. alleges that the whole
registration scheme of the Alabama
Constitution is a fraud upon the Con-
stitution of the United States and asks
us to declare 1t void. But of course,
he could not maintain bill for mere
declarat ton In the air. He does not
try to do SO, but asks to be registered
az a party under the void instrument.
II. then. we accept the conclusion which
it is the chief purpose of the bill to
maintain. how can We make a court a
party to the unlawful scheme by ac-
cepting it and adding another vote to
it's fraudulent lists?
IF Awhile man came here on the
same general allegations, admitting his
sympathy with the plan but alleging
some special prejudice had kept him
off the list. we hardly should think it
necessary to meet him with reasoned
answer. But the relief cannot be va
ried because we think that in the fu-
ture the particular plaintiff is likely 20
try to overthrow the scheme. If we ac-
cept the plaintiffs allegations for the
purpose of his case, he cannot CON-
plain. ',
ut seems to us that unless we are
prepared to say that it is wrong, that
all its principal allegations are i'm
material and that the registration
plan of the Alabama Constitution is
valid, we cannot order the plaintiffs
name to be registered.
1T is not an answer to say that if all
the blacks who are qualified according
to the letter of the instrument were
registered the fraud would be cured.
In the first place there is no probability
that any way now Is open in which
more than a few could be registered,
but if all could be the difficulty could
not be overcome. If the sections of the
constitution concerning registration
were illegal in their inception, it would
be a new doctrine in constitutional law
that the original invalidity could be
cured by an administration which de-
feated their intent.
I'VE express no opinion now as to the
alleged facts of their constitutionality
beyond saying that we are no. willing
to assume that they are valid in the
face of the allegations Ind main OBJ
ject Of the bill for the purpose of grant
ing the relief which it was necessary
to pray in order that the object should
be secured"
Lawyers In Washington who have
read Justice Holiness opinion are
unanimous in the belief that when the
DISTINGUISHING clauses of several state
constitutions are presented the Su-
preme Court will declare them invalid.
The naval board. composed Of Com
manders Perry. Bailey and Canaga,
appointed to examine the battleship
Maine, have made a preliminary re-