The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-04-28
THE j F PRIN yC'IPLES u
ARE II E THE SAME
Seems Certain That the Supreme Court
SIS a viii E, Sustain the Circuit Court st #
Appeals Which 2 I ecided IL E avo,rr3 "a "a
Of the New Constitution 5S
Here-B Brewer and Hairi-- 5s3. 3S
Ian Dissent. isS

The Times-Dispa tch Bureau, M
VII No. 14l7 q 3 Street, w. ]. "

Washington, y. d. April q. 1sOS. Mi
T he Supreme Court OF the United states
ruled to-day that tho federal govern
ment has not J Ing to do with the refusal
OF an offlc cial q to allowS q negro to regis.
er for the purpose Of voting. N; T he cal case =
was that of Jackson w. Giles (colored) )E
. sys. Registration Board %3of Mont ntgomerys
j Ala barna. The board refused i, to allow
Giles to regis ister Uni der the new Consti-S
tuition Of Ala barla- hen the negro was I
refused registration he brought suit
against the board IN the United States \
District Court That tribunal decided
that y had no jurlsdl d ion, The case
was brought up to the Supreme Court
and was argued some months ago. H h;
5S 5S. PURELY fPo oIITrc AL. q
"a Justice Homes del ivered the opinion Of
the court day II denies relief 5on Slhes
ground that the case iisa pol Eical and
litewould he unh ard OF for the court Hto.
h act In such a case, ] Justicb HARLAN die
zen ted II on the tground n the court
gshould have ID declined to- assume jurisdic-s
ition, a g1ues lion upon hioh he o,irt as
IN whole did not pass al i oug h the on as
certified from the Circuit Court for the
middle district OF a. bama. S q G5
Justices Brewer and Ha arlan dissenteds
wholly, holding that as Giles had been
denied the right toEvote for! membe Of
Congress, the ederal Court b d 4 juris-ssi
l&dictibn,
Z Justice Holmes WI ten opinion was not
made public, hut hb made! quite an ex-.
tended statement from the; bench, reel ting
at some length Giles pet lion, ,l tnS which
Giles claimed to speak not lone for him.
self but for five thousand i other negro I
residentsY of Mont ntgomery co nty.S W laonl.S "
he claimed, would be dlsf sed Sas E|aS
result of the enforceme ant Of the suftrag geB
provisions OF he Stat Constitution OF
1871. Tho case had been dismissed below!
ror.S want Of 81 ljurisdlction, but Justice.
Holmes said q minority OF the court We're 4
Of fgopin ION that the Supreme Court should /
not confine itself to the question of jurls-s
diction,y but should consid der the case on ii
Its merits. 3S He then 5anno no,,nced that III 7
would be Impossible to grant the relief
ask ed. ~ WI u ssS
He pointed out that while Giles is con-
tending that the franchise system Of Ala-Sss
| bama is "a freud She declares his compe-a
Ttency as a voter under It, a nd q losed by;
saving that 1t was beyond the power q \
court OF equity to grant the petition, ,s.asl
THE EV1RGINIAfC CASE .S8 M 4$s
This decision In q case, almost eSact-gf
ly&lilee the ono which Mr, 'ohn syise g
has appealed from the United Stat Ci-s
cult Court from the < Eastern District OF {
Virginia, makes 3 Is practically efE certain I,
that the Supreme Court will sustain y he Z
decision Of the lower court To a. lnS&-,s:
man tho principles involved in the two \
cases seen identical. ysl @ \. fsS
Representative James Frny. Of the sey.33
enth Virginia District, was here "a last
might. on his way to- st. Louis to attend 4
the dedication of the exposition buildlngs,
e Mr. Hay says he believes Senator ;CorsF5
man Is far In the lead In the race for
the Democratic nomina ton to the presi-s
sdency next year. VI $i
M MRepresentaLiye3 Carter Glass, OF nat ths@
Sixth Virginia District. Is In the city to-ts
#day on business at the departments. Ha &
viii go to charlottesville to-morroR to y
attend the session OF the, Board OF Vlsl- \.
tors OF the University to- arrange ~
+ the election Of a president Of the lnstl
tuition. Mr.. Glass did not indicate 4 N any /.
5wny his choice OF the candidates for the Il
position. The board Tomorrow VIII only Il
define the dtules OF the Official. and VIII WI II
x then adjourn to meet at n later date ana
elect him, after due not Ice. .s l2sft ss.9sa
If there be such thing as turning
over In ONES grave snoulu NV, nv.
Rtime.n said prominent official OF thu y
state Department last night. 7 refer to-
Robert homer. the great publ her, a1d X
Thonas Jefferson. the founder OF the. q
University OF Virglna Of whlch ne WalssS WvllsS
prohably as proud as Of the Declaration
Of Independence& ponnerSSs sstarsed wtthr
out capital, almost, and made the New8 "
York Ledger the most widely cirepl atea II
nnbiication of Its day, When he gf!lea
q few years ago, he left the papsy snd
large fortune TO his two sons hey
have let Its ciroula ton dwindle e moth
ing, and lit has now passed from their !.
hands to make somebody clio poorer for
terly opposed having n president OF the 4
University, which he Founded. tl:h4 n
he gives his reasons for SO doing IN more a
than ono letter he loft behind him. do I
not recall that there was ever serious I
consideration, OF the proposition 70 hass Il
president Until with the past four of
tiya years. The agitation resulted In me
bill which passed the Legislature at this A
session. am inclined e, lthink the de' N
pa.tura a wise one, but at the same tWs
K fear Mr.. Jeffsrsop Is resting rather pt,4
easily ura at Montlcsiss
DIR. MOORE THE Ma ss8 X u, Sfis
The gentleman thought there was llt'
fla doubt that the board wonld elest