New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-25
TIE NEGRO AND TIE SUPREME COURT

TIE NEGRO AND TIE SUPREME COURT.
The negroes OF Alabama apparently need the
services OF the traditional Philadelphia lawyer
II they are going TO establish their right to vote
IN the federal courts Jackson w. Giles has
now gone twice 10 the United States Supreme
Court for relief from the discrimination prac-
tised against him by the Alabama authorities
and each time has been thrown out OF court on
q technicaity. In the former case three men,
beers OF the court. Justices Harlan, Brewer and
Brown took his side, and Justice Brewer pretty
sharply riddled the argument by which Justice
Holmes, IN the majority opinion, broadened the
scope OF the case beyond the record OF appeal
On the question OF the Circuit Courts iurisdic-
ton, and proceeded 10 declare that. as Giles at
tackled the validity Of the new Alabama const-
tuition he could have no standing as a petitioner
FOR registration claiming that he was qualified
under II. Justice Brewer held that 10 question
bat that OF jurisdiction was before the court
that the lower court clearly had jurisdiction,
and that the refusal Of the circuit Judge 10 take
Il should have been reversed.
IN the later case Just decided Giles gets less
comfort Justice Harlan alone dissents from
the prevailing opinion, written by Justice Day.
The case IS again dismissed. this time for want
a jurisdiction. Giles brought action In the
State courts and was defeated. lie then ap-
pealed on the ground that his rights under the
Constitution OF the United States were denied.
III seems, however that in the State courts he
Gid not base his claim TO registration on those
rights, but entirely on bis rights under the
State laws. Hence no federal question was
raised on which the United States courts could
review the action OF the State tribunals: for
all that appeared. registry was denied for rea-
sons other than any which would have infringed
his rights under the federal Constitution. This
omission was fatal to his appeal
Neither OF these cases secured a decision on
the merits OF the question OF negro rights and
the validity OF the Southern State constitutions
avowedly intended 10 disfranchise negroes. 1t
Is 70 be hoped that before long somebody with
the requisite legal skin viii get the matter
souarely before the Supreme Court and force a
decision on the validity OF the DISTINGUISHING
clauses OF these constitutions. The court Will
avoid making any such decision as long as II
can, but for that II is not 70 be blamed No
wise court ever goes out OF its way 70 decide a
question. especially a controverted political
question. and the result Of the one conspicuous
attempt OF the United States Supreme Court "a
do Il In fhe bred Scott case IS a warning which
viii not be forgotten. The court has no bust.
ness with case which does not come before II
properly. Neither can it be expected to teach
lawyers how 10 prepare their cases or 10 make
allowance FOR mistakes
We are not yet prepared to believe that the
supreme Court is helpless 20 enforce the sd
preme law OF the land and protect citizens o.
the United States from invasion Of their right
hy the States, OF that the judges, in a spirit o.
seguisscencs In conditions that cannot be con