The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-05-01
WHY RELIEF SOUGHT
COULD NOT Be GIVEN
Supreme Courts Decision in
the Alabama Case.
THE TEXT MADE PUBLIC
Justice Holmes Holds Among Other Things
That Equity Cannot Undertake to Enforce
Political Rights---H Harlan, Brewer and
Browns Opinions.
(By the Associated Press. }

(By the Associated Press
Washington, April 3O.-The text of the
opinion of the United States Supreme
Court in the case of Jackson Giles, of
Montgomery county, Ala, VS., the Board
OF Registrars of that county, which was
delivered by Justice Holmes last Mon
day, was made public today. The opin-
ion says that Giles, a negro, male adult
on behalf of himself and 5000 others
similarly siSuatsd, 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 con-
stitution of Alabama. Justice Holmes
says it was alleged by Giles that "the
refusal to register the blacks was
part of a general scheme to disfran-
chise them" The Federal Circuit court
for the middle district of Alabama dis
missed the bill for want of jurisdiction.
1t was contended. says Justice Holmes,
that the Federal courts had jurisdiction
in equity under, section $40 and 1875 of
the revised statutes providing that ev-
cry person, who, under color or state
statute, ordinance, regulation, custom
or usage" subjects, or causes to be
subjected, any citizen of the United
States or other persons within the jur-
isdiction thereof to the deprivation of
any rights, privileges or immunities Sc
cured by the constitution and laws, shall
be liable to the party injured in an
action at law, suit in equity, or other
proper proceedins for redress u
The court said that while there might
be some objections raised on technical
grounds to the jurisdiction of the, Su-
preme Court and of the jurisdiction in
equity yet the court was of the opin-
ion that the appeal opens the whole case
and that the scope of the complaint was
entitled to consideration. He then pro-
ceeded to announce the impossfbility of
granting the relief sought, saying in ex-
planation:
1T will be observed in the first place
that the languae of Section 1879 does
not extend the sphere of equitable jur-
isdiction in respect of what shall be
held an appropriate subject matter for
that kind of 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 re-
dress, and they refer to existing stand
ards to determine what is proper pro-
I~edingsi ,Ehe trahItionSl limits of
proceedings in equity have not embrac-
ed a remedy for political wrongs. Re-
memberng, however, the Importance Of
the case, the court had found itself I'M
willing to stop short of the final con-
siderations to be taken into account in
dsposing of it, These are summarized
as follows:
THE plaintiff alleges that the whole
registration scheme of the Alabama con-
stitution is a fraud upon the Constitu-
tion of the United States and asks us
to declare it void. But of course he
could not maintain a bill for a mere de-
claration il the air. He does not try
to do so, but asks to be registered as
party under the void instrument. If
then we ACCEPT the conclusion which it
is the chief purpose of the bill main
tain how can we make the court a party
to the unlawful scheme by accepting it
and adding another vote to its fraudulent
lists? If a white man came here on
the same generan allegations, admitting
his sympathy with the plan, but alleg-
ing some special prejudice that had kept
him off the list, we han dly should think
it necessary to meet him with a reason
ed answer. But, the relef cannot be
varied because we think tha, in the fu-
ture the particular plaintilft is likely
to try to overthrow the scheme. If we
accept the plaintiffs allegation for the
purpose of his case. he cannot complain.
1t seems to us that unless we are. pre-
pared to say that 1t is wrong, that
all its principal allegations are imlpa
terial and that the reg!Stratihn
plan of the Alabama CONSTITUTION
is valid. we cannot order the plaintiffs
name to be registered 1t is not an AM
swer 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 by which more than few could be
registered but IL all could be. the diff
Guilty could not be overcome. If the sec |
tions of the Constitution concerning reg
istration were illegal in their inception, |
it would be a new doctrine in eonstitl-
tional law that the original invalidity
could be cured by an administration
which defeated their intent We express I
no opinion as to the alleged fact of their |
unconstitutionality. beyond saying that
We are not willing to assume that they 1
are valid in the face of the allegations /
and main object of the bill for the pur-
pose of granting the relief which II was
necessary to pray in order that the OBJ .
ject should be secured.
THE other difficulty is of different /
sort and strikingly reinforces the argu-
ment that equity can not undertake now,
any more than IT has | nthe past. to en-
force political rights and also the sug-