Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-27
'OL0RED MANS PLEA
TRIBUNAL HOLDS THAT THE
CASE Is POLITICAL.
Right of Discharged Army Officers to
Travel Pay-Loocal Matters
Decided.

Chief Justice Fuller of the United states
Supreme Court announced today that that
court would adjourn for the term Monday,
June 1. He also stated that the call of the
docket would be suspended Friday, the first
Of May, but said that the court would sit
next Monday for the purpose of Announcing
opinions, when a statement would be made
as to when the court would again sit be-
tween that date and June /, the final day
Of the term.
Case Regarded as Political.
The Supreme Court decided the case of
Jackson w. Giles against the board of reg
istrars of Montgomery county, Ala. Giles
is a colored man, who was denied the privi-
lege of registering voter under the new
constitution of Alabama, and the case was
brought to test the validity of the portion
of the state constitution bearing upon this
question.
The relief sought was denied on the
ground that the case was political
Justice Holmes, who delivered the opin-
ion, said that for the court to interfere
would be unheard-of relief In cases pre-
senting only political questions. The
court, as whole, did not pass upon the
question Of jurisdiction. which was the
question certified by the circuit court for
tice Harlan dissented on the ground that
the court should have declined to assume
jurisdiction.
Justices Brewer and Brown united in a
dissent in which they upheld the 5urfsdic-
ton 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 federal question
was involved.
Right to Travel Pay.
The court decided two cases involving the
question as to whether officers in the army
who upon their own application have re-
ceiyed DISCHARGES when distant from home
are entitled to travel. pay and commute
ton for substinence. The cases were those
of Sweet and Farnett, both Of which were
decided by the Court OF Claims favorably
to the claimants. That opinion was re-
versed by today's opinion. The opinion was
delivered by Justice Holmes. who said that
the practice of the War Department ana
the Treasury Department IN not allowing
claims of this character had been long
maintained and that the court was of the
opinion that the system should not be over
ruled.
Two Local Cases.
Chief Justice Fuller delivered the opinion
Of the court in the case Of James 8. Barton
Key, petitioner. In this case VIM. F. Rob-
erts brought an action against ]. 8. Barton
Key and James P. Scott in February, 1901.
and recovered judgment for $1,000. where
upon Key and Scott carried tho case to the
Supreme Court of the District of Columbia,
giving an undertaking on appeal with the
United States Fidelity and Guaranty Com
pany as surety. The judgment was in favor
Of Scott and against Key, and the Guaranty
Company and Key alone prosecuted an ap-
peal to the Court of Appeals, which dis
missed it on the ground that it had no juris-
diction on appeal from the judgment of the
court below in such cases.
The United States Supreme Court affirmed
this action and dismissed the petition.
In the case of Eugene G. Gordon for the
use of Mary c. Roper, plaintiff in error,
agt. Arthur E. Randle, the opinion Of the
court was delivered by Mr.. Justice Nc
Kenna. Upon the issues in this case which
involved a suit to recover $500, a verdict
resulted for the defendant, November 16,
1900, in the Supreme Court Of the District
of Columbia. Under the decision of the
United States Supreme Court this verdict
Is approved.
Other General Cases.
The United States Court denied the mo-
ton Of Attorney Roger Foster in the case
OF the Underground Railroad Company of
New York for the submission Of the case
upon printed briefs. The effect of the deci-
sion is to require oral argument. with the
result that 1t cannot be heard during the
present term of the court.
The court dismissed for want Of jurisdic-
ton the case of the Onondaga Indians Of
ing the ownership Of number of wampum
belts claimed nv fhn indiana Tho aAPoo+ ~