Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-01
RELIEF DENIED GILES
Continued from Eighth Page.)

CONTINUED from Eighth Page)
to that amount, capable of estimation in
money (Wiley agt. Sinkler; Swafford agt.
Templeton)
But assuming that the allegation should
have been made in a case like this, the OBJ
lection to it's omission was not raised in the
circuit court, and as it could have been
remedied by amendment we think it I'M
availing The certificate was made alio in
tu1tu. There is no pecuniary limit on APP
pealS to this court under the law of 1891,
and we do not feel called upon to send the
case back to the circuit court in order that
1t might permit the amendment. In Mills
agt. Green no notice was taken of the alb
sence of an allegation of value in case
like this.
We assume further for the purposes Of
decision that the paragraph 1879 extends to
deprivation of rights under cover of a
state constitution. although it might be ar
gued with some force that the enumeration
of statute. ordinance. regulation, custom
or usage purposely is confined to inferior
sources of law. On these assumptions we
are not prepared to say that an action at
law could not be maintained on the facts
alleged in the bill. Therefore we are not
prepared to say that the decree should be
afnrmed on the ground that the subject
matter is wholly beyond the Jurisdiction of
the circuit court
Although the certificate relates only to
the jurisdiction of that court a court of
the bill is that the constitution of Alaba-
ma is in contravention of the Constitution
OF the United States the appeal opens the
whole case under the act of 1891. The
plaintiffs had the right to appeal directly
to this court. The certificate was unneces-
sary to found the jurisdiction of this court
and could not narrow it. AS the case prop
erly Is here we proceed to consider the
substance Of the complaint.
Cannot Grant Desired Relief.
1t seems to US impossible to grant the
equitable relief which is asked. 1t will be
observed in the first place that the Ian
guage of paragraph 1870 does not extend
| the sphere of equitable Jurisdiction in re-
spect Of what shall be held an appropriate
subject matter for that kind of relief The
words shall be liable to the party in
jured In an action at law, suit in equity.
or other proper proceedings for redress"
Ihey allow a suit in equity only when that
Is the proper proceeding for redress and
they refer to existing standards to-deter-
mine what Is proper proceeding The
traditional limits of proceedings in equity
have not embraced a remedy for political
wrongs. But we cannot forget that we are
dealing with new and extraordinary sit
uation and we are unwilling to stop short
of the final considerations which seem to
US to dispose of the case.
The difficulties which we cannot over
come are two, and the first Is this: The
plaintiff alleges that the whole registra-
ton scheme of the Alabama constitution is
fraud upon the Constitution Of the United
States and asks us to declare it void But,
of course, he could not maintain bill by
mere declaration in the air. He does not
try to do so, but asks to be registered as
a party qualified under the void instru-
ment. If, then. we accept the conclusion
which it is the chief purpose of the bill
to maintain, how can we make the court
a party to the unlawful scheme by ac-
cepting it and adding another voter to It's
fraudulent lists?
If a white man came here the same
general allegations, admitting his sympathy
with the plan, but alleging some special
prejudice that had kept him off the list
we hardly should think it necessary to
meet him with reasoned answer. But
the relief cannot be varied because we
think that In the future the particular
plaintiff is likely to try to overthrow the
scheme.
If we accept the plaintiffs allegations
for the purpose of his case he cannot COM
plain. We must accept or reject them
1t Is impossible simply to shut our eyes
with the plaintiff the list. be 1t honest
or fraudulent. and leave the determine
ton of the fundamental question for the
future. If we have an opinion that the
bill is right on it's face II unde-
cided we are not at liberty to presume it
to be wrong for the purposes of decision.
1t seems to us that unless are pre-
pared to say that 1t is wrong that all it's
principal allegations are immaterial and
that the registration plan of the Ala
bama constitution is valid, we can
not order the plaintiffs name to be
registered. 1t is not an answer to say
that if all the blacks who are qualified &C
cording 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 by which more
than a few could be registered, but If all
could be the difficulty would not be over
come. If the sections of the constitution
concerning registration were Illegal in their
inception it would be new doctrine in
constitutional law that the original invalid
ty could be cured by an administration
which defeated their intent.
We express no opinion as to the alleged
fact of their unconstitutionality beyond
saying that we are not willing to assume
that they are valid. in the face of the allie
cations and main object of the bill for the
purpose of granting the relief which it was
necessary to pray in order that the object
should be secured.
Functions of Court of Equity.
The other difficulty is of different sort
and strikingly reinforces the argument that
equity cannot undertake now any more
than it has in the past to enforce political
rights. and also the suggestion that state
constitutions were not left unmentioned in
paragraph 1879 by accident. In determin-
ing whether a court of equity can take
jurisdiction one of the first questions is
what can 1t do to enforce any order that 1t
may make. This is alleged to be the con-
spiracy of state although the state is not
and could not be made party to the bill.
The circuit court has no constitutional
power to control its actions by any direct
means, and If we leave the state out Of
consideration the court has as little prac-
teal power to deal with the people of the
state In body. The bill imports that the
great mass of the white population intends
to keep the blacks from voting. To meet
such an intent something more than order
ing the plaintiffs to be inscribed
upon the lists Of 1902 will be needed. If
the conspiracy and the intent exist name
on a piece of paper will not defeat them.
Unless we are prepared to supervise the
voting in that state by officers of the court
it seems to us that all that the plaintiff
could get from equity would be an empty
form. Apart from damages to the indi-
vidual, relief from a great political wrong,
If done as alleged by the people of a state
and the state ITSELF must be given by them
or by the legislative and political depart