Year: 1877

OF servitude, such suit or proceed"
ng may be insistituted in the
Circuit or District Court Of the Cir
cult Or district in which such person
reaides."


Fsom this it appears that the
case 10 which the Circuit Courts
have jurisdiction of such actions as
this are limited to those in which
it shall appear that the sole ques-
ton touching the title to such Office
arises cut of the denial Of ths right
to vote, to citizens who so offered to
vote, on account Of race, color or
previous condition of se-vitude and
that the Jurisdiction of the Circuit
court is only given to the extent OF
determining the rights Of tho par
ties to such Office. by reason Of the
denial of the right guaranteed by
the fifteenth article of amendment
to the constitution of the United
States secured by tsat act.


There is 40 doubt but that the
scope Of this statute. under the lim-
itations which it contains, extends
from the first act required to be
done in the matter of an election
down to and including the final
and effective canvass OF the votes
by tie officers who are charged
with the duty of determining and
certifying the result. If, in any Of
the stages of aa election, in regis-
tration in the receipt of votes, the
certificates of the voter by The local
authorities or the final canvass of
the votes or the certificates of el~
ection by the Returning Board.
there had been such a denial of the
right to vote as the statute contem-
plates on account of race, color or
previous condition of servitude,
that matter this court would have
had, under the act of Congress, ju'
ri,diction to Inquire into and ad-
judicate upon, and it may determine
the rights Of the parties to Office,
% far as they depend upon the de-
aial Of the right guaranteed by the
fifteenth article of the amendment
to the constitution. But the juris-
diction of the court begins and
ends with the denial Of the right to
vote.


If. therefore, there is prelimi-
nary exclusion or an exclusion at
the polls, and that error is correct"
ed by the proper State authorities
and there is no 6nal and effective
exclusion of votes or discrimination,
or if after an election has been held
and the rusult reached and declar-
ed without discrimination or exclu-
sion from any cause, the person
elected is deprived of his office,
then the statute closes the doorway
upon the jurisdiction of the court


The defeat of candidate at au ell
ection or mis- deprivation of an ell
ection, must De accomplished by


tho machinery of the election, and
one ofits stages and must be con-


tanned in the result. If the elec-


ticn terminates in the success OF the


candidate, the essential ground OF
jurisdiction on the part of this


court is wanting. The wrong


which the petition sets forth is that,


after being elected and Installed,


he has not been retained in the Of


fee. The object OF the statute was


to secure an election free from al


possible exclusion on any of the


spici6ed grounds. 1t secured thi:


object by giving to this court juris-


diction to correct through this form


of action such exclusion effected by
the machinery or practices attend
ing the election. When, as the pc


titioner alleges, all this has beer
..ccomnlished. and the very result