Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-01
RELIEF DENIED GILES
Text Of Recent Decision by
Justice Holmes.
COURTS REASONING
PROVISIONS OF THE ALABAMA
CONSTITUTION.
If That Be Void, as Contended, the
Court Couldn't Be Asked to Register
Another Voter Under It.


ton registrars of Alabama, as handed down
The Decision.
This is a bill in equity brought by a
colored man on behalf of himself, land on
behalf of more than 5000 negroes citizens
Of the county of Montgomery, Ala, SINH
larly situated in circumstances as himself
against the board of registrars of that
county. The prayer of the bill is, in sub
stance, that the defendants may be re-
quired to enroll upon the voting list the
name of the plintfn and of all other quail
fed members of his race who applied for
registration before August 1, 1902. and were
refused, and that certain sections of the
constitution of Alabama may be declared
contrary to the fourteenth and fifteenth
amendments of the Constitution of the
United States and void
The allegation of the bill may be summed
up as follows: The plaintiff is subject to
none of the disqualifications set forth in the
constitution of Alabama, and is entitled to
vote, entitled the bill plainly means
under the constitution it is. He applied
in March, 1902. for registration a voter
and was refused arbitrarily On the ground
of his color, together with large numbers
of other duly qualified negroes, while all
white men were registered The same
thing was done all over the state. Under
the Alabama constitution persons regis
tered before January 1, 1908, remain elect
ors for life. unless they become disqualified
for certain crimes, etc. while after that
date severer tests come into play which
exclude perhaps Il large part of the black
race. Therefore, by the refusal the plain
tiff and the other negroes excluded were
deprived not only of their vote at an cleo
ton which has taken place since the bill
was filed, but of the permanent advantage
incident to registration before 1908 The
white men are registered under the easy
test and the black men are likely to be
kept out in the future as in the past. This
refusal to register the blacks was part
of general scheme to disfranchise them,
to which the defendants. and the state it
self, according to the bill. were parties.
The defendants accepted their office for
the purpose of carrying out the scheme.
The part taken by the state-that is, by the
white population which framed the consti-
tution-consiSted In shaping that 1nstru-
ment SO as to give opportunity and effect
to the wholesale frauds which have been
practiced.
State Constitutions Provisions.
The bill sets forth the material sections
of the state constitution. the general plan
of which, leaving out details, is as follows:
By section 17S, of article 8. to entitle a
person to vote he must have resided in the
state for at least two years, in the county
one year and in the precinct or ward three
ton, have paid his poll taxes and have
duly registered as an elector. By section
49,, idiots, insane persons and those con-
victed of certain crimes are disqualified.
Subject to the foregoing, by section 1S0
before 1908, the following male citizens of
the state who are citizens of the United
States We're entitled to register, namely:
First, all who had served in the enumer-
ated wars of the United States, including
those on either side of the war between the
states; second. all lawful descendants of
persons who served honorably in the emu
merated wars or in the war of the revolu
ton; third, ''all persons who are of good
character and who understand the duties
and obligations of citizenship under a re-
publican form of government. AS we
have said according to the allegations of
the bill, this part of the constitution, as
practically administered and as intended
to be administered, let in all whites and
kept out large part IL not all OF the
blacks and those who were let in retained
their right to vote after 1903, when tests
which might be too severe for many of the
whites as well as the blacks went into
effect.
Restriction After January /, 1908.
BY paragraph 1S1. after January J. 1903
only the following persons are entitled to
register: First, those who can read and
write any article of the Constitution of the
United States in the English language and
who either are physically unable to work
or have been regularly engaged in some
lawful business of the last twelve months
and those who are unable to write solely
because physically disabled. Second, own
ers or husbands of owners of forty acres
of land in the state upon which they reside.
and owners or husbands of owners of real
or personal estate in the state assessed for
taxa ton at $500 or more if the taxes have
been paid. unless under contest. Only per-
sons qualified electors can take part in
bod <.f fyr antfn n
registered are disqualified from voting; an
elector whose vote is challenged shall be
required to swear that the matter of the
challenge is untrue before his vote shall
be received. The legislature is to provide
for registration after January l, 1903; the
qualification and oath of the registrars pre-
scribed before that date are laid down and
an appeal is given to the county court and
supreme court if registration is denied.
There are further executive details. and by
paragraph 1873 after January 1. 1903 appli-
cants for registration may be examined
under oath as to where they have lived
for the past five years, the names by which
they have been known, and the names of
their employers. This. in brief, is the sys-
TEN which. the plaintiff asks to have de-
clared void.
Bill Filed Last September.
Perhaps it should be added to the fore
going statement that the bill was filed In
September, 1902, and alleged the plaintiffs
November This election has gone by, so
that 1t is impossible to give specific relief
with regard to that. But we are not pre-
pared to dismiss the bill or the appeal on
that ground. because to be enabled to cast
a vote in that election is not, as In Mills
agt. Greene, the whole subject of the bill.
1t is not even the principal object of the
relief sought by the plaintiff. The prin-
cipal object of that is to obtain the per-
manent advantages of registration as of
a date before 1903.
The certificate of the circuit Judge raises
the single question of the jurisdiction of the
court The plaintiff contends that this juris-
diction is given expressly by the federal
statutes, which provide that every person
who under color of a state statute, ordi-
nance regulation or usage" Immediately
subjects 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 i'm
munities secured by the constitution and
laws, shall be liable to the party injured in
an action at law suit in equity, or other
proper proceeding for redress
Question of Jurisdiction.