The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-05-01
CONSPIRACY ALLEGED
AND STATElSyNO PARTY
HarIan's Dissent Is Based on Ground |s1s
That Amount involved Was I Mot I'tts 4,
Sufficient TO Give Circuit Court 60 n't s:s
u Original Jurisdiction, and and
Merits Could Not Bs Vi
Gone Into. i;,ss 9Ss5s.a n ~
Inv ted Press. ) 1

"a fVASH1NGTON,% April oV.-A ite ''-1g
the opinion Of the United States Supreme me e
Court In the case OF ckson Giles. HES
Montgomery county Ala. W.. the e BoaFu
Of registrars OF that county. Y h'ch Ws : l5 Y
delivered by Justice Holmes last m N onday.S
was made public to-day.
The opinion says that Giles. q negro 'gETF,
male adult. on behalf Of himself and 5,oooS
others similarly situated, soug at by 'll oill
Nh equity to secure registration as voters i5S
Of Mont gomery county. which had had been 3
refused. ana thus test the validity o. Or
| tha suffrage provisions Of the new Gon-a l'l
! stltution OF Alabama. Justice fioinleslEs fi.l
saws it was alleged by Glles thai
refusal to register the fts was g &parsS pa1s
Of a general scheme "a hsss
them" The Federal 60 nrt IoL#s
tie middle district Of Alabama tdismlsseSd II &
the Bill for want Of jurisd ictior
i { was contended, says Justice Holiness "
thnt tho Federal Courts had jurisdic tion5I
III equity under sections 629 and ~ ;HisoL
ina revised statutes providng e every q
4 nerson who, und er color OF ~ 3 ate
ute ordnance reg gulatlor custonl tls1 A 81 8,
usage, bJccts, or uses Is. .be. .au g
any citizen the ntiea asSS.
theroof. to the dcpriyation OF my rlsi,tslS
Y,cIvl eres or inlmunitiesa sacnred by ttlle np5
r,onatitution ana laws shall be liz fia m @ q
tha 5party injured In an tlon vt u VI suls
II enuity. or other proper proc edlngs B6er orr
redress. :, j, 4, - ~ =, NJ
The court said that while WI! therS 'I iaa,
49, son,o Oh factions raised on technical
sronnda to the Jurisdiction OF ! he F!: Su.}
O. ,ra ma Court ana OF. the jurisd ton An y.
/ an,,ItyS vet the court was Of the opitlrSS N
s,n,, Ia the appeal opened the W hoie q g !
!, case and that the scope of tho compialnsS
1 wns entitled to consid ton. = I, tne1,
1 nroceeded to announce the imposslpliN1..y y y
4 Of granting the relief ss@ough sou sas tt's R ~
| explanation: .., = 8. 4 Z, , :.
tho+ the language OF section 1919 does not
avtand tho sphere Of equitable jurlsdlc-5
tiorG"I In respect OF what shall be held e y
annropriate subject matter for thu kind y,
of relief The words are. Shall ss,i Il liaplss 9 9
u the party injured in nm action az az
law. suit in equity, or other roper PRO-. ..,
ceed,nrsi FOR redress They allow q SUE
~ en,,ity& only when that is the proper.
,rocaodinp for redress, and they refer 20
| arIstinr standards to determine What lsf
i asnronerG Gnroceeding. The trad ltlonnl llm-53
10 ~ proceedings In equity have not EN- r1s
hraced a remedy for politi Wrop l't l'e
1 membering however. the I'm lp'oss,'',ee ~ ~
the case. the court had found ltsell IN si
Wiling to stop short OF the final consid-,5
ara tnno - Ia taken into account In i dis
hosting OF IT. These were summarized as
follows 4 -. y !. !, Z, fss Il II s5
.,rho plaintiff alleges that the whole
registration scheme OF the Alabama Con-g
\ stItution ia fraud upon the CONSTITUTION s
| OF the United States. and asks US 70 &C.,
clare 1t void But, OF course, ne Scoulas
not maintain a bill for mere declara-
tion In the air. lie does not try 70 ao 20 so.
hut asks to be registered as a party IN uh1i
der the void instrument. H. then, We nc.'
cent the conclusion. which 1t is tho CHIEF
nurpose OF tho bill to maintain. how can
! we make the court party to the unlaw.
| IN scheme by accepting It and addlng
/ onother vote to its fraudulent lists 1r
!, white man came here on tho same gen -5
4 erali allegations, admitting his Ssympathy
With tho plan. but alleging some spealh4i
i nreiudlce that had kept him or the siisl,
4 we hardly should think II necessary ~ ~
meet him with reasoned anaWer. sut
tha relief cannot be varied. because We
thi,,, that In tho future the particular
,,,,,nt,ff Is likely to try to overthrow tne
so,,en,e5 II we accept the Splnintin 9 ai--
,aro tions for the purpose OF his case tle
nannot complain. 1t seems to 5us that
unless wa are prepared to say that #1t y
,vronp that all ITS prlnclpdl4 htlees't,uit'a
ara mmnterial and that The registration
alan of the Alabama Constitution is valid,
,we cannot order the plaintiffs name 20
ne rerIstered. 1t is not an answer to aay
th,t II all the blacks who nre aHalitied
= accordlng to the letter Of the instruments
we're registered, the fraud would be cured,
N the first place. there Is no probability
mai any way now is open by which mora
than a few could be registered, but y All
could be, tho difficulty could not be oyeft1
come. II the sections OF the Constitution
concerning registration We're Illegal "
| their Inception. 1t would be q Sew doc
trine IN constitutional law that the ortsl :
nal inyalidIty could be cured by an zna-
minlstrntion which defeated their intent.
We express no opinion as to the alleged
! fact of their unconstitutiorality heyond
saving that we are not willins to assume
that they are valid In the face Of tho Al
LEGATIONS and main object Of the plll ioi
ths purpose OF granting tho relief which
i a wns necessary to pray IN order thas
tha object should be secured. Ms
CANNOT ENFORCE I'e2lSlF u y ~
3 s8 RIGHTS. 3Sg
..rha ofhe,r difficulty Is os u different
L ave