Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1903-05-01
CAN STOP NEGRO VOTING.

Ry sustaining the decision of the United
States Circuit Court recently made in the
case Of jsckson W. Giles VS.. The Registra-
ton BcaTl Of Montgomery county, Ala. the
United S ates Supreme Court on Monday
raied thai the Government at large has moth
ing vt ever TO do with DISTINGUISHING the
neafo IN the South, and that the matter
res'e3 tirely in the hands Of the State
uiacisia.
Giles, negro resident of Montgomery
ocpn.g Alabama, was not permitted 70 vote
ai ' st county election. He filed suit
against the registration board of the county
and the Circuit Court judges ruled they
had nothing TO do with the matter, as IL was
out OF their Jurisdiction. Giles counsel de-
cided 10 take the matter before the highest
tribunal 10 the United States and asked for
ruling in the Supreme Court.
Justice Holmes, who delivered the opin-
ion, said that for the Court TO interfere would
be unheard of relief In cases presenting only
political questions.
The Court as whole did not pass on the
question OF jurisdiction, which was the ques.
ton certified by the Circuit Court for the
middle district of Alabama, and Justice Har.
Ian dissented on the ground that the Court
should have declined TO assume Jurisdiction
Justices Brewer and Brown united in g
dissent, in which they upheld the jurisdc
ton Of the Federal Courts, on the ground
that as Giles was denied the right of votine
for member OF Congress by refusal OF the
right 10 register q Federal question was In
volved.
According 10 this decision every State IL
the Union can disfranchise the negro anC
keep him from voting. The ruling is con
sequently OF the utmost Importance.
Justice Holmes written opinion was no
made public, but he made quite an extended
statement from the bench, recitlng al some
length Giles petition, In which Giles claim
ed TO speak not alone for himself, but fol
5000 other negro adults OF Montgomery
county, who, he said, would be dislranchiseC
as the result OF the enforcement Of the sui
irage provisions OF the State Consultation O
AVA NC ShoO Auo UCOu htbullbbcO U6lON
for want Of Jurisdiction, but Justice Holme
said majority OF the court was oil the opin
lou that the Supreme Court should not con
tue itself 10 the question Of Jurisdiction, bu
should consider the case on Its merits
He then announced that 1t would be i'm
possible 10 grant the relief asked. He point
ed out that while Giles 10 contending tina
the franchise system Of Alabama is fraud
he declares his competency as voter unde
IL. and closed by saying that 1t WAS beyon,
the power OF court OF equity 10 grant th
petition.
Justice Harlan in dissenting said that II
his opinion the case should have been dis
missed Tor want OF Jurisdiction alone, a
was done in the Circuit Court, and he crit
cised the courts opinion, saying that ii lei
the question of Jurisdiction 10 the air ant
that he was not willing TO be party I,
such proceeding.
Justice Brewer delivered the other dis
senting opinion, 10 which Justice Brow
concurred. They expressed the opinion
that the Circuit Court should have been re
versed and that IL should be directed 10 as
sumo Jurisdiction OF the case.