The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-05-01
SUFFRAGE
Case Involving the Con-
StitutiOn of Ala
BAN
COURT
Justice Holmes Holds That Giles
Jackson. Colored. Who Was Re-
in a Federal Court and the Appeal
Dismissed for Lack of Jurisdic-
On-Oth Justices Dissent from
That View-They Hold That the
Court Has Jurisdiction.

Washington, April 27.-The United
States supreme court today decided the
case Of Jackson w. Giles VS.. the Board
of Registrars of Montgomery county,
Alabama.
Giles is a colore man, who was de-
MED the privilege of registering as a
voter under the new constitution of
Alabama, and the case was brought to
state constitution bearing upon this
question. The relief sought was denied
on the ground that the case was politi-
cal.
Justice Holmes, who delivered the
opinion, said that for the court to inter-
fere would be unheard of relief in cases
presenting only political questions. The
court as a whole did not pass upon the
question of jurisdiction which was the
question certified by the circuit court
for the middle district of Alabama, and
Justice Harlan dissented on the ground
that the court hould have declined to
assume jurisdiction. Jusitcec Brewer
and Brown united in a dissenting Opln-
ion in which they upheld the jurisdiction
of the federal courts on the ground that
as Giles was denied the right of voting
for a member of congress by the refus-
al OF the right to register, a federal
question was involved.
Justice Holmes written opinion wa
not made public, but he mad quite ar
extended statement from the bench,
reciting at some length Giles petition
in which Giles claimed to speak not
alone for himself but for five thousand
other negro adults of Montgomery
county who he claimed would be dis
franchised as a result of the enforce
ment Of the suffrage provisions Of the
state constitution of 1901. The case had
been dismissed below for want Of juris-
dlction, but Justice Holmes said a ma
jority of the court were of opinion that
the supreme court should not cOnfine
Itself to the question of jurisdiction but
shoul consider the case on the merits.
He then announced that it would be
impossible to grant the relief asked.
He pointed out that while Giles is con
tending that the franchise system of
Alabama is a fraud he declares his
competency as a voter under it, and
closed by saying that it was beyond the
power of a court of equity to grant the
petition.
Justice Harlan in dissenting said that
In his opinion the case should have been
dismissed for want Of jurisdiction alone,
as was done in the circuit court, and
he criticised the courts opinion, saying
that it left the question of jurisdiction
in the air and that he was not willing
TO be a party to such a proceeding.
Justice Brewer delivered the other
dissenting opinion, in which Justice
Brown concurred. They expressed the
opinion that the circuit court should
lave been reversed and that it should
be directed to assume jurisdiction IN
the case.
ANOTHER IMPORTANT DECISION.
Washington, April 27.-The United
States supreme court today rendered
al opinion in the case of the Chatta-
nooga, Tenn, National Building and
Loan Association VS.. w. H. benson, of
Alabama. The case involved a loan Of
$4,000 made by the company to benson,
but the court held that benson could
not be compelled to repay the moneY
because the Chattagoona Association
had failed to establish an agency IN
Alabama as required, by the laws Of
business in the state.