The St. Louis Republic., 1903-05-01
Supreme Court Refuses to Declare
Void Suffrage Provisions of Ala
bama Constitution.
NEGROES CHARGED FRAUD.
Explains That if Court Granted
Petition There Is No Reason to
Believe That Alleged Frauds
Could BE Cured.

Washington. April 30.-The text OF the
opinion OF the United States Supreme Court
IN the cage of Jackson Giles of Nontgom-
cry County. Alabama. VS.. the Board Of
Registrars Of that county. which was de-
livered by Justice Holmes last Monday was
made public to-day.
The opinion says that Giles. a negro male
adult on behalf OF himself and 500 others
similarly situated. sought BY bills in equity
10 secure registration. as voters Of Mont
gomery County. which has been refused
and thus test the validity of the suffrage
provisions OF the new Constitution OF Ala
hama.
Justice Holmes says it was alleged by
Giles that the refusal 10 register backs
was part OF general schem- TO disfTan-
chist them" and 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 Court has jurisdiction In
equity under sections SO and 1879 of the
Revised Statutes. providing that every per
son who. under color Of a State statute.
ordinance. regulation. custom or usage. sub
Jects or causes 10 be subjected any citizen
in the Jurisdiction thereof. TO the deprivationI
OF any rights privileges or immurities Sc
cured by the Constitution and laws. shall
be BILE to the party injured in an action AZ
law. suit in equity or other proper proceed
Ing for redress.
The court said that while there might be
SOlus rdlstu on tetDDlC6l STOuuus
to the Jurisdiction Of the supreme Court
and of the jurisdiction in equity. yet the
court was OF the Opinioc that the appeal
opens the whole case and that the scope
OF the complaint was entitled to considera-
ton. He then proceeds to announce the i'm
possibility Of granting the relief sought,
saying in explanations:
SUIT OF EQUITY.
1T will he observed. In the first place.
that the language OF section 1879 does not
extend tine sphere of equitable Jurisdiction
In respect o! what shall be held an appro
E,ziate. subject matter sor that Kind Of re-
party injured in an action at law. suit in
equity or other proper proceeding for re-
dsess. They allow suit in equity only when
that is the proper proceeding for. redress.
and they refer TO existing standards to de-
term!ne which is proper proceeding.
The traditional limits Of proceedings IN
equity have not embraced a remedy for
political wrongs. Remembering. however.
the importance of the case the court has
found Itself unwilling. to stop short of the
fna! consideration 70 be taken into account
In disposing OF II. These we're summarized
CHARGES FRAUD.
The plaintiff alleges that the whole
registration scheme of the Alabama Consti-
tuition is fraud upon the Constitution Of
;hs United States and asks us to declare
It void. But. Of course. he could not main
tain a bill for a mere declaration in the
air. He did not Try to do so. but asks to
be registered as party under void in
L
which 1t is the chief purpose of the bill to
maintain. how can we make the court a
party to the unlawful scheme by accept
ing 1t and adding another vote TO its fraudu-
lent lists?
"If a white man came here on the same
general allegations. admitting his sympa thy
prejudice that had kept him of the list, We
hardly should think it necessary to meet
him with a reasoned answer. But the re-
lief cannot be varied. because we think that
in the future the particular plaintiff is like
ly to try to overthrow the scheme. II we ac-
cert the PLAINTIFFS allesations for the pur.
seems to US. unless we are prepared to say
that II is wrong. that all its principal al
iegations are tmmaterial AID that the regis
tration plan Of the Alabama Constitution
name TO be registered.
CURE FOR FRAUD.
1t Is not an answer to say that if al
the blacks who are qualified according to
tered fraud would be cured. In the first
place there is no probability that any way
| Is now open in which more than n few
| difficulty could not be overcome. II the
| sections of the Constitution concerning reg
| istration were Illegal In their inception i,
would be new doctrine in constitutional
law that the original validity could be
cured by an administration which defeaed
We express no opinion as TO the alleged
| fact Of their constitutlonalty beyond say
Ing that We are not willing to assume that
they are valid in the face OF the allegations
and main object OF the bill for the purpose
\ OF obtaining relief which It was necessary
| TO pray in order that the object should be
secured.
The other difficulty ia OF a different
| sort and strikingly -enfosces the argument
that equity cannot undertake now any more
ina rrhs has and an s also pas, ass to enf2fce
| State constitutions were not left unmen-
| toned in paragraph 1879 by accident