The Birmingham age-herald., 1903-04-28
UPHOLD JUDGE JONES AS
 ID LACK OF JURISDICTION
1t Is Political Subject Pure and Sim pie and Not a Question for Court of Equity-Interest-
 ing Opinion.
BY wATTERsoN srEALEY.

Washington, April 27-(special. )-The United States Supreme court divided three to six today in a decision that relates to the constitutions of some of the south ern states that have sought to eliminate the negro vote. The case in point came from Alabama, being that of J. w Giles vs. the board of registrars of Montgomery county.
 A report at first gained currency that test case of the new Alabama constitu- ton had been decided but later 1t deveI- oped from expressions of the court that the validity of the constitution had not been touched upon.
 The case in point" said one of the justices. did not touch on the validity of the new Alabama constitution. It is sim ply to the effect that a court of equity cannot give the relief asked"
 Was to Test Validity.
 The case was really brought in the first instance to test the validity of the con stitution of Alabama. negro claimed that the board of registrars refused to allow him to register. It came up before Judge Thomas Goode Jones, judge of the United States Circuit court for the northern Alabama district Judge Jonea was undecided whether he had jurisdic. ton, but dismissed the case on the ground that he had not. in order that the United States Supreme court might pass finally. | op haI X therefore, was presented to the Supreme court for the determination of this one question.
 Justice Holmes delivered the opinida for the court. He said that according to the usual precedent the court had no jurisdic- ton, but said that thIs was a most ex- traordinary case and the Supreme court had determined to lay aside for the time the question of jurisdiction and go into the merits of the case. It was impossible. he said to grant the relief that was asked by the petitioner, the negro, first, because he had related that he Is a qualified voter under system, which, he admits, s fraudulent and In violation of the eonsti- tuition of the United States
 Supreme Court Can't Interfere.
 Secondly, observed Justice Holmes it is beyond the power of this court to inter- fere in political cases of such a nature. He said the court in Alabama properly dismissed the case.
 Justice Harlan dssented from this opin- ion fin characteristcally vigorous style He said that the only question for the court to decide was whether the lower court had Jurisdiction. The decision of the ma jority of the court. he thought left the question of jurisdiction up in the air but a bp ba and considered the merits of the case He pointed out that there were two or three hundred similar cases, which show ed an unmistakable precedent that the court had no jurisdiction in this case. and cited voluminous authorities. The ques- ton did not involve an amount of 5000 as is required, and fin fact 1t was ad- mitted that no value at all was involved He was unalterably opposed to making exception in this case.
 Justices Brown and Brewer also dis sented but on a different ground from Justice Harlan. who held that there was no Jurisdiction because of the value in- volved. These justices were of the opin- ion that. as the petitioner had been pre- vented from voting for a representative in congress federal question was ln- volved and therefore the court had juris- diction.
 The remarkable part of the case was
 
 court although admitting that precedent was against jurisdiction and that only the question of Jurisdiction was involved, still went into the merits of the case, deosd- ing that the court would not interfere in such political situation. Justice Holmes of the Supreme court who delivered the opinion in the Giles case, declined tonight to give out the written opinion in the case, it is impossible to obtain the text
 The Case Explained.
 In explaining the case however. one of the justices of the Supreme court said to your correspondent
 "The suit was a bill in equity filed by a negro in his own behalf and a number of others. It alleged that by the consti- tuition of Alabama preliminary registra- ton was provided for and that those who got on the preliminary list became per- manently entitled to vote and would not be subject to property and other qualif- cations affecting permanent registrations; that although entitled to be registered on the preliminary list, the complainant had been refused registry, and the ef- feet of the mode of conducting the pre- liminary registration was to fraudulent- ly disqualify the colored people In Ala bama, and that this was to be effected by keeping them off the preliminary list. while all the whites had been put upon the list
 'In brief. the court decided that what ever might be an individual right in an action at the bar to redress a political wrong that there was no power in A court of equity to redress a political wrong of this kind; that the legitimate outcome of the prayer was that the court of equity should take charge of the state government and administer ft. which is an unheard-of proposition If the remedy at law was not adequate. the relief must be sought at the hands of the political department
 The decision does not pass upon the validity of the constitution of Alabama. but simply held that. assuming 1t un- constitutional, a court of equity vas without nower."