New-York tribune., 1903-05-01
NEGRO AND THE BALLOT.
Why 1t Refused to Grant Reiief
from Disfranchisement.

Washington April S0-The text Of the opinion OF
the United States Supreme Court in the case OF
Jackson Giles. of Montgomery County. Ala against
the Board of Registrars of that county, winch was
delivered by Justice Holmes last Monday was made
public to-day The opinion says that Oiies' d "Ssfo
male adult behalf of himself and hve tnousaho
others similarly situated. sought by bills IN equity
to secure registration voters or montgomery
County which had been refused, and thus test the
validity of the suffrage provision Of the ne" con-
stituton of Alabama. Justice Holmes says II "aS
alleged by Giles that "the refusal 10 register u'
blacks a part of general scheme 10 uIs-
franchise them" The Federal Circuit Court for the
Middle District OF Alabama dismissed the oiil Ior
of Jurisdiction. 1t was contended says JUS
tice Holmes. that federal courts had Jursdlcto
in equity under Sections SO and 1873 Of the Revised
Statutes providing that every person wno' uhoer
color of State statute ordinance. regulation Gus
tom or usage subjects, causes to be suDJecteo'
any citizen OF the United States OF other persons
within the jurisdiction thereof TO the aeprlV@uon
of any rights privileges immunities secured oS
the constitution and laws. shall be liable 10 the
party injured in an action at law suit In equity OF
other proper proceedings for redress
NO REMEDY IN AN EQUITY SUIT
The court said that while some objections might
be raised ON technical grounds to the turfsalctioh
of the Supreme Court and of the Jurisdlctoh Il,
equity yet the court Of opinion that the appedl
opens the whole case and that the scope OF tae
complaint was entitled TO consideration He tnen
proceeds to announce the impossibility OF sranths
the relief sought saying in explanation;
1t viii be observed in the first place M ths1 s1sre t4e
of equitable Jurisdiction in respect OF what snaH oe
hea Feaf an T %64d sr be liable 70 the
injured in action at law. suit IN equity OF otlI &
IN equity only when that is the proper proceeding
for redress and hey refer 10 roceed5g The rad
tonaI limits of proceedings in equity haye not EN-
ing ho@ever the Importance of the case, the court
der ions he
of it. These were summarized as follows: ,..,..
scheme Of the Alabama Constitution is fraud
upon the Constitution OF the the CPted s be- could
not maintain bill for a declaration in the
air He does not try to do t5 So "d 6d5 to Ds
then we accept the conclusion which it is the chief
the court a party to the unlawful scheme by ac-
cepting it and adding another vote to IL Its ih @
general allegations. admitting his sympaLhy VI. h
fne bad Pn Rept h of the list we hardly should think it
necessary TO meet him with reasoned answer put
the relief cannot be varied because we INNS tht a.
in the future the particular plaintin Is nAety %
try to overthrow me @ sehens me nrnoss of his case he
cannot complain. 1t seems to US that unless we are
cpai pTepaFff egatcs are materia and that the
istration plan of the Alabama Consuluuoh - EaIH'
we cannot order the plaintns name 10 Dc fe9i0
II is not an answer to say that if all the blacks
who are quaiied according to the letter OF tne IN
strume1t registered the fraud 6 WTui6 6,1tt, P
fiat anv W way now is open in which more than
few could be registered but If all co4ld oe fne an
hculty could not be overcome II the secuons 9L
the constitution concerning registration We're u
legal in their inception. it would be new doctInS
in constitutional law that the original lnVelolLy
could be cured by administration winch deLeated I
their intent. To express no opinion as 10 the al
legged fact Of their constitutionaty peyond saying
that we are not willing to assume that they are
valid in the face of the allegations ana main op-
ject of the bill for the purpose of granting tne re-
lief which it is necessary to pray IN ordeE IaI tS
object should be secured
The other difficulty is OF different sort, ana
strikingy renforces the argument tnat equaHty
cannot undertake now, any more than 1t mas IN tne
past 10 enforce political rights. and also tns sug
gestion that State constitutions were not lelt uh
mentioned in paragraph 1870 by accident