New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-10-20
IN THE SUPREME COURT.
Negro Suffrage Case from alabama
ReUiCed.

v-asbinr.on Oct 1e-Wilford H. Smith. attorney
for Jackson ". Giles and Dan Rogers in the
suit Of the former against the Board OF Registers
Of Montgomery County. Ala. and OF the latter
against the State Of Alabama to-day entered in the
United States Supreme Court motion TO con-
so'date the and advance their hearing
Giles and Rogers colored. and the cases Involve
the question IS TO whether the suffrage provisions
Of the new constitution 81 Alabama are repugnant
20 the Constitution OF the United States The Giles
case is a revival in another form Of the case. on
account or the refusal Of the registers 10 register
him as a voter formerly decided against him by
this court The case or Rogers is a prosecution
for murder. in which the defendant moved to quash
the indictmerc and the panel of petit jurors on the
ground that the qualified members Of his race had
been excluded from the jury on account Of their
race and color. and that the panel was made up
from the list Of qualified electors. and his had
been excluded from that list by reason Of the suf-
frage provisions Of the new constitution Of Ala
hama. which by their operation excluded practical
y all negroes from the electorate for other rea
than their and color. while all white men
possessing the same qualifications were admitted
and qualified. The Board of Registers Of Mont
Eomery County resists the motion TO consolidate
the ground Of want of similarity Of the two cases.
The United States Supreme Court to-day reas-
signed the cases OF Czarnikow & Co. OF New-York,
and Warner. Barnes * Co 10 be heard together
November 81 The cases involve the validity Of
the statutes imposing duty sugar shipped 10
the United States from Porto Rico and the Philip
pines. The cases Of @. {. Thomas. Robert Cheese
borough and spreckels u CO. against the United
States. involving the war revenue act. for
thu same date.
Justice Day delivered his first opinion in the SD
rreme Court to-day. in the of Martin and
others against the steamship Southwark. The case
involved the question Of liability on the part of the
steamship for the loss OF fresh beef shipped from
Philadelphia Liverpool because Of lack Of proper
refrigeration. 1t originated in the Circuit Court
Tor the Eastern District of Pennsylvania. The bill
Of lading given at the time Of shipment cxonorated
the carrier rom al responsibility in of loss.
and the trial court a. wei a. the Circuit Court OF
Appeals for the Third Circuit held the vessel not
liable. Justice DAYS opinion reversed that finding
He held that the Harer act ~ 1873 controls in tho
S 500 a. i,ce as roerobsre tbaf ~ fI SUI
not properly prepared IN its refrigerating depart
rne1f undertake to transport fresh beef The
%P non h wd 5fr eS e 99d the r 1ns Et
have been in favor Of the shipper. The case was
\ motion to advance ,he case Of The Delaware
ana the hearing 81 tho cas-" was set for November
~ II Involves the construction OF the agreement
cherokee nation Yndcr which the Deawares claim
ri,le 10 - e0o acres Of Cherokee land together
cerplng mn ne ~, n res aratns, Tenreso Sem n t
on behalf % me Js ~, against representatives
The court denied tie motion behalf OF tho ap-
pelant in he case ~ Muhker against the New
York Central and other railroad companies. to ad-
vance the hearing of the case This is a suit FOR
elevated tracks by the railroad companies. and is
Argument was begun to-day in the citizenship
case OF L s. Joins who seeks TO compel his &C
canfanca as a member Of the ChiCkaSaW tribe
He was one OF about fourteen hundred persons
who having originally failed to secure registration
were subsequently adjudged by the United States
District Court 10 be entitled 20 that privilege
Having secured this decision Joins now resists the
right Of the Choctaw and Chickasaw citizenship
court review the decision. asserting the law by
which the latter court created 10 be unconsti-
tutional The two tribes resisting Joinss pc
titioD II his contention should be sustained the
result would be to admit about four thousand per-
sons to Inoian citizenship at a cost OF not less
than SO 600 go existing members.