The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-04-29
DISCUSSES
DECISION.
Alabama Case Similar to the
Virginia One. \.
MILES PHILIPPINE | J, ? \ ]: REPORT r !; 9
-----.- ~
! Opinion on Il & 70 Effect That Y . That
ofa Soldier, and That the General
az s Subjected 70 the Jsaloosy H
Es.s Of Z Clique.
MILES PHILIPPINE REPORT
The Times Dispatch Bureau,
M. 14178 Il Street. N. W.

The Times-D Dispatch Bureau,
5 No. 1417 q Street, N. W..
washington, D. O., April 70.
It Ii the belief Of many people whom
I have heard discuss the subject that the
decision OF tho Supreme Court yesterday
lii the Alabama Constitution case 10 q
sure torerunner Of similar decision In
the case from Virginia, which Mr.. John.
I 8. W,se has appealed. The cases ap.
pear to be exactly Identical. The court
was not a unit, but all except three OF
the Justices united In saying that the
relief sought was political and not judi
] chAl. and that the court had no jurisdc-
ton It will be recalled that when Chief
Justice g1lller sat with Judge Waddlll,
In the United States Circuit Court at
Richmond to hear the Virginia case last
winter, liz held, without hesitation. that
the Federal Court did not have 3urisdic-
ton. 81 s
The date Of trial OF the Virginia case
4 has not been act. The Chief Justice said
yesterday that the court would sit next
Monday to fix the date for hearing GER
tain cases, and would adjourn on June!
LIST for the term The court may or may.
mot decide to hear the case next month
patch learned upon conference with a!
member of the Supreme Court that the
complete opinion would In all probability
J be handed down Wednesday morning.
1t Is understood that Mr.. Justice Har-
Ian, whose dissenting opinion has not
yet been put In the hands OF the clerk
OF the Supreme Court, holds simply that
4 the court has no Jurisdiction in the case
as It js brought The opinlon,3it Is said,
Is very short and clear Gu t. TO the mem
bers Of the court concurring In the ma
tority opinion 1t appeared better to be
more discusslve arid to give this courts
reason for holding that there was no
51urisdiction or eqr!lty for such a wrong.
as was alleged BY the complainant from.
Alabama s. sf 81 y
Mr.. Justice Holmes gave out the follow
Ing statement Of the case this afternoon:
d.. The suit was a bill In equity by a
negro in his own behalf and e number
OF others. Tt algleged that by the
Constitution OF the State OF Ala baina. a
preliminary registration was provided Tor
and that those who got on this prellm-
mary list became permanently entitled to
vote and would not be subject to prop
erty or other disqualification affecting
permanent registration that although en-
titled to be registered on the preliminary
list the compla intnt had been refused
register, that the effect OF the method OF
conducting the preliminary registration
vas virtually to disqualify the colored
people In the State OF Alabama and that
this was to be effected by keeping them
off the preliminary list while all OF the
white voters had been put upon that list,
I'm brief the case decided that. what
ever might be an individual right on an
action at bar totredress political wrongs,
there Is no power In q court OF equity
to redress political wrongs Of this kind:
that the legitimate outcome Of thu pow
er would be that the court OF equity
%culd take charge Of the State govern
nent and administer Il t. which is an un-
heard of proposition. II the remedy at
Law was not adequate the relief must be
sought at the hands OF the political de.
partment. The decision does not pass
upon the validity OF the Constitution OF
Alabama, but even holding 1t unconsti-
tutional, the court of equity was without
power 5fs III va ij a5 II S5;. 23 4
a high official Of the War Depart
ment, who does not wish to be quoted
publicly, In discussing the acton Of thu
Legislative committee at Richmond yea-
terday in deciding to present bronza
statues OF Washington and Lee to the
L General Government to be placed in
Statuary Hall, said he was pleased.
II served In the Northern army for
three years during the Civil War, he
said, "and i have been n member Of the
Grand Army OF the Republic almost from
the time It was formed. Yet there is not
q man In tho South who thinks General
Lac a greater soldier than I think no
was and there Is not a man down there
who more firmly believes General L<ss
was honest in his belief OF tho righteous
ness Of his cause. believe he was nbso-
4lutely wrong. but I honor him and those
who followed him as brave men. 4 !
did not so regard them I should feel ]
was not much OF o soldier myself. There
is no doubt that Washington and LIE
were far and away the greatest Of Wiz
3ginias sons. She does right to honor
them above all others. .sg s
+ was surprised to hear a man occupy
ing the position Of the gentleman quotsd
{ express himself 80 freely
have It on pretty reliable authority
that General Nelson a. Miles, genera'
f commanding the army, has privately ex-
messed views very similar to thosc
quoted above, ~ - h Isl
General Miles report on the condition
Of a.Aa.rs In the Philippines Ms he saw
them OH his tour last year, which was
Just made public yesterday. has creat-
ed much comment, His testimony as TO
the frequeat administering OF the water
cure by Americans to force confessions
from prisoners creates little more talk
than his plain declarations that the arch-
ipelago Is practically defenseless and that
In time OF war 1t could be easily cap
tured BY the enemy 80 far as American
tortihcations are CONCERNED, It Is also
noted that the general OF the army calls
attention to the fact that no had Ke-
ton Of at least one point on the Island,
The opinion is growing Of late that Gem
eral Miles is a soldier and that much OF
tile criticism to which he has been SUBJ
1eoted is the result OF the jealousy Of q
clique ct drawing military men.