The Birmingham age-herald., 1904-03-06
OPINION IN GILES
 CASE SUMMARIZED
Supreme Court Clearly Defines
 lis Position
GILES ATTACKS STATE LAW
Alabama Court Decided Case for Reas. ons Independent of the Federal Right Claimed and Action Is
 Not ReviewabIe.

T he decision in the Giles case, sum marized below, practically says the polit- ical action of a state is from it's very na- ture unreviewable in the federal courts The Alabama cases dismissed by the su- preme court of the United States follow in the footsteps of the Mississippi case, and all three will be followed by Vlr- gina case that has been taken to the court of last resort. Each state Is told in turn that it may settle It's political affairs In its own way provided i. steers clear of the literal terms Of the four teenth and fifteenth amendments. The summary follows:
 The substance of the complaint is The plaintiff is a native of the state of Ala bama, q resident of Montgomery county for thirty years. and of the voting pre- cinct for more than two years. He ap- piled for registration. having heretofore enjoyed the right of voting In the state; the application was made to the board of registrars on March 13. 1902; the plaintiff compiled with all reasonable require ments of the board but was arbitrarily refused the right of registration for no | other reason than his race and color. At | the same time d large number of negroes | similarly situated were likewise refused, | while all the white men were registered | and given certificates, without denial nor was any question raised as to their quail l ihcations.
 The registrars required the plaintiff and all members of his race to furnish the l testimony of two white men as to their qualifications and refused to accept the l testimony of colored persons, while all the white men were registered without | any proof except the oath of the appli- cant. It is alleged that sections 1S0, ISL 1S3, 1S4, 1S5 1S6 1s7 and 1SS of article s of the constitution of the state of Alabama | which went into effect November 28, 1901 under authority of which the registrars | were acting, was intended, designed and enacted by the constitutional convention to deny and abridge the right of the plaintiff and others of his race in the state to vote, solely on account of the race, color and previous condition of ser l Vitude. The convention of the state of 1 Alabama was composed entirely of white men, although the population of the state | is composed of 1,OOl, 152 white and S27545 colored persons It Is alleged that article | 180 of said constitution is repuRnant to | the fourteenth and fifteenth amendments 1 to the constitution of the United States | because subdivisions one and two of said | subdivisions one and two of said sec | ton do not contain a statement of quail l ihcations applicable to all, regardless of | race, color and previous condtiofs of | servitude, but discriminate against ne- | groes solely on account of race. Sub division three Is unreasonable and void | in not defining what character a good cit izen must have and what obligations he must understand under a republican form of government. and gives to the registrars a wide discretion and authority and in- vests them with arbitrary power That | section 1S1 of article Is repugnant to the l said amendments to the constitution of the United States in that while 1t pre- tends to describe the qualifications of per | sons who shall apply for registration af- | ter January 1. 1903, 1t was In truth and | effect. enacted to apply to the plaintiff | and all negroes of the state. and not to l operate against and affect any white per ! sons in the state and Is part of a 1 scheme to disfranchise the negroes of l Alabama on account of race, color and previous condition of servitude
 Extracts From Speeches Attached.
 There are attached to the petition as l exhibits extracts from the speeches and debates in the convention of Alabama. The petition charges that the board of | registrars refused to register colorek | men, so that not less than 75.0O0 of such persons were denied registration solely on account of race. color and previous condition of servitude, although possess | Ing the necessary qualifications of cleo tors, while the white men were permitted | to register without let or hindrance. Af- l fldavlts were filed in various counties in the state of Alabama. The prayer of the | petition is that the aforesaid sections of the state constitution be declared abso- l lutely null and void as repugnant to the t., the constitution of the United States, and for writ of mandamus commanding the board of registrars to register the plain | tiff as a qualified voter of the state of Alabama and to issue to nim a certih- cate of the fact. and the like to all vot l CTS of his race In the state of Alabama who were such under the constitution of | the state prior to the adoption of sections 1s0. ISL 1s3, 1S4. 1855. 1S6 1s7 and 1Ss of the | new constitution of the state. And that | said board be further commanded not to | refuse to register said petitioner or other | members of his race on account of their | race or color and pevious condition of | servitude.
 To the petitions in both cases demur- rers were filed in the court of original jurisdiction which were sustained and upon appellate proceedings In the su- preme court of the state of Alabama the decisions of the lower court were affirm ed These writs of error seek to bring this action of the state courts in review | here.
 Mir. Justice Day, after making the foregoing statement, delivered the opin- ion of the court:
 The right to review in this court the | Judgment of a state court is regulated by section 709 of the revised statutes. | The extent and nature of the remedy therein given has been the subject of nu- merous decisions. The Jurisdiction in the | cases now under consideration is invoked because of alleged denial of the rights of the plaintiff in error, secured to him by | the Fourteenth and Fifteenth amend ments to the constitution of the United l States When the jurisdiction depends. | as in the present case. upon right. priv ilege or immunity under the constitution of the United States specially set up and denied in the state court. certain proposi- tions. it is said by Mir Chief Justice Full Ter. speaking for the court in Sayward