The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1903-05-04
COLD COMFORT GIVEN
NEGROES BY THE
HIGH COURT.
Opinion, Delivered by Justice Holmes,
Has Just Been Made Public.
Dissenting Opinions Were
Filed by Justices Harlan,
Brewer and Brown.

washington, ApTll 0U-l lie lSAl Oh tIlS
opinion of the United States supreme
court in the case of Jackson Giles. of
Montgomery county. Alabama. ". the
Board of Registrars. of that county.
which was delivered by Justice Holmes
last Monday, was made public today.
The opinion says that Giles, a negro
male adult, on behalf of himself and 5000
others. similarly situated, sought by bill
In equity to secure registration as voters
of Montgomery county, which had been
refused and thus test the validity of the
Suffrage provisions of the new constitu-
ton Of Alabama
Justice Holmes says ii was alleged by
Giles that the refusal to register the
blacks was part OF a general scheme TO
disfranchise them" The federal court of
the middle district Of Alabama dismissed
the bill for want of jurisdiction 1t was
contended says Justice Holmes, that the
federal courts had jurisdiction in equity
under sections 629 and 1879 of the revised
statutes providing. that every person.
who, under color of a state statute, or
dnance, regulation, custom or usage,
subj ects or causes to be subjected any
citizen of the United States or other per-
sons within the jurisdiction thereof to the
deprivation OF any rights. privileges or
mmunties secured by the constitution and
laws, shall be liability to the party in
iured in an action at law suit in equity
OF other proper proceedings for redress
AS to Jurisdiction.
The court said that while there might
he some objections raised on technical
grounds TO the jurisdiction Of the supreme
court and Of the jurisdiction in equity yet
The court was of opinion that the appeal
opens the whole case aud that the scope
of the complaint was entitled to consid-
Grafton He then proceeded TO announce
the impossibilty Of granting the reiief
sought saying in explanation:
1T will be observed in the first place
that the language of section 1873 does not
extend the sphere of equitable jurisdiction
in respect of what shah be held an ap-
propriate subject matter for that KIND
or relief The words are shall be liable to
the party injured in an action at law, suit
in equity. or other proper proceeding for
redress They allow suit in equity only
when that is the proper proceeding for
redress and they refer the existing stand
ards 10 determine what is a proper pro
ceeding. The traditional limits OF pro
csedinGs III equity have not embraced
remedy for political wrongs. Refnemper-
ing however the Importance of the case
tie court has found itself unwilling to
sion short Of the final considera tons to
be taken into account in dlsposing OF II.
These were summarized as folleWs.
The Dlaintiff alleges that the Wnots
registra ton scheme of the Alabama con
erittitfoD is q fraud upon the constitution
of the United States and AXIS us to de
clare IL void. But, OF course, be could not
maintain 3 bin for mere declaration IN
the air He does not try TO do So eut
asks 70 he registered as a party under
the void instrument
Beyond the Courts Power.
,{aI
It IS the chief purpose OF the bill TO main
tefn. how can we make the court a party
10 the unlawful scheme by accepting it
and adding another vote to its fraudu-
lent lists? II a white man came here on
the same general 8llegatio admitting
his sympathy with the plan. but alleging
some special prejudice that had kept him
off the list we hardly should think 1t
necessary to meet him with reasoned
answer. But the relief cannos be varied
because we think that in the future the
particular plaintiff is likely 10 try to
overthrow the scheme If we accept the
plaintiffs allegations for the purpose OF
his case. ne cannot complain. 1t seems to
us that unless we are prepared to say thdt
Il is wrong that all its principle allega-
lions are immateral and that the regis
fration plan OF the Alabama constitution
is valid we cannot order the PLAINTIFF
name to be registered. Ii is not an an
suer 10 say that if all the blacks, VINO
are qualified according to the letter OF the
T1etrnment were registered. the fraud
would be cured lu the first place there
< no proba hilitv that any way now IS
opcu nv which more than few could be
registered but il all could be, the diff-
-llIfv could not be overcome,
IF the sections Of the constitution con
corning registration were Illegal in their
inception It would he new doctrine IA
constitutional law that the original inVal-
-pA nv m He1f IN 1fr , -
tion which defeated their intent We
express no opinion as to the alleged
fact Of their unconstitutionalty. beyond
saving that we are not willing to as
erme that they are valid In the face Of
the alterations and main object Of the
bin for the purpose Of granting the relief
which ii was necessary TO pray IN order
that the object should be secured.
Equity and Political Flights.
'~rhe other difficulty Is Of q different
sort and strkinely reinforces the argu-
rnent that equity can not undertake.
now any more than 1t has in the past. to
enforce political rights. and also the sug-
session that state constitutions were not
left unmentioned in paragraph 1891 by
accident. In determining whether q court
If equity can take jurisdiction. one of the
FIRST questions is what it can do to en-
force any order that it may make. This
s. alleged 10 he ,he conspiracy of the
state. although the state is not and could
not he made a party TO the bill. The cir
cuit court has no constitutional power 20
control its action by any direct means.
and If we leave the state out of considera-
ion the court has as little practical pow er
to daaI with the people Of the state in
hadv TIE bill imports that the great
,,aee If the poDuIation intended to keep
no blacks rom voting To meet such
i"terf something more than ordering the
,,isinfiff-s name Inscribed upon the lists Of
-q09 viii he needed If the conspiracy and
~ intent exist a name on a piece of
nsoar viii not defeat them. Unless We
nrenared TO supervise the voting IN
mat state by officers of the court. it
GEMS to us that ali that the plaintiit
o,,Id get from equity would be an empty
forno Apart from damages to the in
lividual relief from a great political
,.rone if done as alleged hy the people
+ a state and the state itself. must he
.iyen by them or by the legislative and