New-York tribune., 1903-04-28
AGAINST NEGRO VOTERS.
SUPREME COURT RULING.
Out of It's PoWer to Redress
Political Wrongs.
Try TELEGRAPH TO THE TRIBuxE.I


WASHINGTON April 21.-Justice Oliver Wendell
Holmes to-day handed down an opinion in
which five members of the Supreme Court OF the
United States united in what is known rs the
Alabama case being the effort Of Jackson w.
Giles coored, to establish his right to register
and vote under the constitution OF that
State. The decision recited that the only ques-
ton which the court was asked to pass upon
was that of Observation-Disclosures the Circuit
Court for the Northern District of the State,
before which the was brought. was right
in deciding that it had no jurisdiction in the
case. Notwithstanding that this was the ques-
ton to be passed upon, Justice Holmes said. in
delivering the opinion. that the Supreme Court
of the United States had decided to lay aside
the. question of jurisdiction and go into the
merits of the case simply because of its extraor
binary character. It was. he said, impossible
TO grant the relief asked for by the petitioner,
first, because he admits that he is qualified
voter under a system that he alleges is traudu-
lent and in violation of the constitution of the
United States and, second, because it is beyond
the power of the Supreme Court of the United
States to interfere in political cases Of such
nature. The Alabama court had properly DIS
missed the case.
A dissenting opinion was delivered by Justice
Harlan, who held that the only question for the
court 10 decide was that Of jurisdictloni that
the decision of the majority left this question
IN the air and at the same time the court hao
gone on and considered the merits OF the case
He said that because the case did not involve
the required limit of $1,000 the court below had
no jurisdiction in the case and therefore II was
not properly appealed. He declared that there
wore three or four hundred cases showing a
similar precedent, and that the court did not
have proper Jurisdiction in any of them
Still another dissenting opinion was joined In
hx Justices Brown and Brewer, but on dlHereht
ground from that of Justice Harlan. They heid
that the question involved the vote TO be cast
for a member of Congress. and therefore was a
federal question and within the jurisdiction oI
the court.
In his petition Giles asserted that the board of
REGISTERS refused to allow him to register Inc
ooea WAS heard before Judge Thomas Goode
Tomas NJ the United States Circuit Court for the
Northern District of Alabama Judge Jones eX-
nressed himself as undecided as to whether OF
not he had jurisdiction, but finally olsnilsseo
the case on the ground that he DID not nave
jurisdiction, in order that the Supreme court
ro,gh+ have an opportunity to pass on the
question.
SCOPE OF THE DECISION.
In discussing the case tonight. one or the
iustices who Joined in the opinion delivered py
Justice Holmes said:
The suit was bill in equity by negro HIS IN IllS
nv-u
that bv the constitution of the State or Atapai51
a preliminary registration was proNloed ioI dI4
+bat those who got this preliminary LSI pT T,
cor,a pAr1nanently entitled TO vote anu WouIN
not he subject to property or other dlsqudlhcd1
+;one affecting permanent registration thdI a.
though entitled TO be registered on 'Le go p
iirnjnary list the complainant had been refused
register and that the effect or the IIe~tn0u ~ %
conducting the preliminary registration M%S %
virtually to disquafy the colored people III tite
$50 of Alabama and that this was 10 De
Ffactad nv keeping them off the preIlnlhaly
LIST while all of the white voters hau peeii P
upon that list. ..5 .,ot v,ba+e7,er
In brief the case decided lhal MHaCS H. -
,,,igb+ he AN individual right in an action at
ir to redress political wrongs, there was
n@i @ V,.ar in a court of equity to redress po-
Iitical wrongs of this kin that LHe ieSI'liIIe, t
I.,~~ t,,,a Of fbe mower would be that the court
- ooritv would take charge OF the STATE soN
,,,,liapt and administer IL, which Is an uiiiealu
81 e o,sj+ior If the remedy at law was not
adeouate the relief must De souSL' a. - 49,
90 tbe nofitical department me utcisIon 10. 49,
VI @ ' ~ %e mon the validity Of the constitution
no 0 .ffha,oa but simply. holding il uncohSuJu-
go tba court of equity was without power
.. rIo,,nes's written opinion was not
,,,;. but he made extended state
-. from, the bench. recting at some length |
- ,i,,or in which Giles claimed to speak |
=. alone for himself. but for five thousand !
.har naaro adults of Montgomery County, who |
=, ,,aea5 would be disfranchsed as a result |
e +ba enforcement of the suffrage provisions |
= r. c,a,e constitution of 1901. The case had |
been dismissed below for want OF jurisdiction. |
lint Justice Holmes said a majority Of the court