The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-05-01

Who Was Not Allowed to Regis
ter and Vote Is Expected TO Again
Set the Anti-SOuthern Republic
cans at wOrk-Text of the Deci-
sion Is Made PubIic-HOw the Case
Was Viewed.
By R. M. Larner.
Washington, April 30.-The decision
of the Supreme Court on Monday in
the Alabama case, in which the court
declined to interfere with the fran
chise provisions of the constitutions Of
Southern states, or with their election
laws, will revive the agitation among
a certain class of Republican politi-
clans for an amendment of the con-
gressional apportionment law so as to
cut down the representation of the
Southern states in the House of Rep
resentatives and reduce their votes in
the electoral college.
Representative Crumpacker of In
diana, and Representative Olmstead or
Pennsylvania, with few other ex-
tremists may be depended upon to try
to get the matter up in the next ses-
sion of Congress, but it will result in
more lIldu d lew e1IC
speeches on the floor and the introduce
ton of bills which will never be re-
ported from the committee to which
they will be referred.
Cooler Leaders Against 1t.
The truth of the matter is that the
cooler-headed leaders of the Republic
can party realize that there are thou
sands of Republicans in the Northern
states who sympathize with the South
ern efforts to solve the negro problem,
and who justify laws which will pre-
vent the wealth and intelligence of the
Southern states being dominated by the
most ignorant element of the popula-
ton. Many men in the North who
have capital invested in enterprises in
Southern states would resist to the ut
most any attempt to break down the
present election laws which insure Sc
curity for their property.
This whole matter was fought out
in Republican caucuses during the
first session of the last Congress. An
effort was then made by Messrs.
Crumpacker and Olmstead, with the
help of Secretary of the Navy Moody.
who was a member of the House from
Massachusetts at that time, TO have
the Republicans of the House adopt
Mr.. Crumpackers bill for reducing
representation in proportion to the
limitations put upon suffrage made a
party measure in the House of Repre-
sentatives In the first caucus in which
the matter was brought up the advo-
Gates of this s3elicy had a majority
but a few of the wiser heads, includ-
ing Speaker Henderson and Repre-
tative Cannon, of Illinois, prevented
action and succeeded in having the
question postponed to a future caucus
When the next caucus met Mr.. Crum-
packer and his supporters found them
selves in a minority Still a third
caucus had the question up, and then
it was definitely killed.
Not With Cannon in the Chair.
Mr.. Cannons opposition to the
scheme is so pronounced that with
him in the speakers chair in the next
House it will have no chance of serious
consideration. Efforts will be made,
in fact, to prevent it coming up in any
way and to shut off any members who
are disposed to advocate it in speeches
for fear of the bad effect that IL might
have on the presidential election in
1904. 1t is an open secret that Presi-
dent Roosevelt acquiesced in the
shelving of the question in the last
Congress and that he is anxious to
have it kept in the background until
after the election. The shrewdest
politicians in sthe Republican party all
advocate this policy. They realize that
they are going to have a very diff
cult time in holding in line with their
party thousands of Democrats in the
North and West who voted for Mr..
Mckinley both times that he was a
candidate, and that an attack on the
election laws of the Southern states
at this time would be the surest way
of driving those men away from their
ticket.
Text of Decision Given Out.
The text of the opinion of the United
States Supreme Court in the case of
Jackson Giles of Montgomery county,
Alabama, versus the Board of Regis
trars of that county, which was deliv-
cred by Justice Holmes was made pub
lie to-day.
The opinion says that Giles, a negro
male adult, on behalf of himself and
5000 others similarly situated, sought
by bill in equity to secure registration
as voters of Montgomery county, which
had been refused, and thus test the va
lidity of the suffrage provision of the
new constitution of Alabama. Justice
Holmes says it was alleged by Giles
that the refusal to register the blacks
was a part of a general scheme TO dis
franchise them"
The federal court for the middle dis
trict of Alabama dismissed the bill FOR
want of jurisdiction. 1t was contend
ed says Justice Holmes, that the fed
eral courts had jurisdiction in equity
under Sections 629 and 1879 of the Re
vised Statutes, providing that every
person, who, under color of a state
statute, ordinance, regulation, custom
or usage, subjects or causes to be sub
jected, any citizen of the United States,
or other persons within the jurisdiction
thereof to the deprivation of any rights,
privileges or immunities secured by the
constitution and laws, shall be Liable
to the party injured in an action at
law, suit in equity, or other proper
proceedings for redress.
The court said that while there might
be some objections raised on technical
grounds to the jurisdiction of the SUI
preme Court, and of the jurisdiction IN
equity, yet the court was of opinion
that the appeal opens the whole case,
and that the scope of the complaint
was entitled to consideration. He then
proceeded to announce the impossible
ity of granting the relief sought, saying
inseXplanation:
Not "A Case in Equity.
at will be observed in the first
place that the language of Section 1879
| does not extend the sphere Of equit-
able jurisdiction 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 proceed
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