TURNED DOWN !
THE DOUGLAS REGISTRA?
TION CASE PUT OUT
OP COURT.
Judge Goff's Injunction Dissolved
by the Circuit Court
of Appeals.
.RICHMOND, VA , Jaoe ll.-The cele?
brated South Carolina registration case
was decided io the United States Com :
of Appeals here to-day. The State
wins. Judge Goff's famous iojuoction is
dissolved and the original bill will be
dismissed. The decision of the court
was announced by Judge Hughes j
shortly before 3 o'clock and an outline
of the court's decision was given.
Judge Hughes submitted a strong indi
vidual opinion and the order reversing !
Judge Goff was entered at once. None
of the counsel who took part in the ar
gument were present. Judge Hughes, j
in announcing the court's decision, j
. said:
*'This case was heard by the Chief ?
Justice, Judge Seymour sod myself, on
Friday last. We thought it was of a
character to call for an early decision
and it was determined after f adjourn?
ment on Friday that the decision
should be announced later and a decree
entered. The case was exhaustively
argued at the bar aod notbiug can be
gained by waiting a further time for
the examination of briefs. We are of
the opinion that the injunction which
was granted in the case ought to be
dissolved and the bill dismissed. A de
cree to that effect will be entered at
once. The opinion of the court on the
important questions presented by the
record will be prepared by the Chief
Justice and filed and reported as soon
as possible. Meantime, a brief state?
ment of the grounds of the decision
prepared by the Chief Justice is now
Sled."
The Chief Justice expresses bis veiws
as follows: "The judiciary aot of March
3, 1891, contemplates prompt decision
on appeals snob as this and as we can
sot give extended expression to onr I
views at this time, we content oar?
selves with a brief statement of oar
conclusions
*'Under section 7 of that aet, where,
upon a hearing in equity in a circuit
court an iojuoction is granted or con?
tinued by an interlocutory order or de?
cree in a cause in which appeal from
toe final decree may be taken ander the
provisions of this act to the circuit
coui.? ?f appeals, an appeal may oe
takeu from snob interlocutory order or
decree grxnrtng or continuing such in
jauct.uu tu the circuit court of appeal
so by section 5. appeals or writs of ei
ror may he taken to the supreme court
in any case io which the legislation or
law of a state is claimed to be io con- j
?Pr?vention of the Constitution of the
United States. But although the consti?
tutionality of a State law may be drawo
in question in the circuit court, yet if j
the case may be disposed of on other
grounds not involving the validity of
snob law. we think this coure bas juris- j
nicticn oo appeal. Carry vs. Railway
Company, ?50 U. S 170, U. S. vs.
John 155, U. S. 109. if in the in?
stance of appeals from ioferlocatory or?
ders, oo consideration it should appear
that the question of the constitutional
ity of tba law is controlling and mast
be decided, the cause o a o be remanded
K> tho circuit court, so that petition to
ibe supreme court for certiorari may be
made. American Construction Com?
pany vs. Railway Company, 148 U. S.,
372.
"In tbi? case the bill of complaiot
challenged the constitutionality of cer?
tain laws of South Carolina, but the !
question was raised on the threshold
whether the case made was oce of the
equitable cognizance, and this being so, j
we sustaio the jurisdiction aod over- j
rule the motion to dismiss.
"The jurisprudence of the United j
States has always recognized the dis?
tinction bet wet-c law and equity as ;
auder the constitutional matters of :
substance, as well as of form and pro- \
cedure. Carter vs Allen, l49 U. S. I
451 ; Mississippi Mills V9. Coho, 150
U. S . 202, 205. It is well settled
that a court of Chancery is cooversaot '??
only with the qucstious of property and
the maintenance of civil rights. The \
court has oo jurisdiction in matters of i
a political nature, or to interfere with j
ihe duties of aoy department of the
government, except under special cir- \
eutnstaoces, and when necessary for
ihe protection of rights of property; or j
io matters merely criminal or merely
informal which do not affect any right
of property. In Sawyer, 124, U. S.
200; Fletcher vs. Tuttle. 151, 111 ;
41 Hardesty vs. T-ft, 23 Maryland,
513;ex parte Lumsden. South P :o
lina, 19 S E. Rep., 749.
"The equitable powers of the court
eau only be iovoked by the preseota?
lion of a case of equitable cogDizance
aod there cac be oo such case io the
Federal courts where there is a plain
and adequate remedy at law, no. does
illegality alone afford ground for equi?
table interference. Shelton vs. Platt,
139. U. S. 591.
"Tested by these principles, the bii!
of complaint cannot be maintained, for
it asserts no threatened infringement
of righio of property or civil rights,
and no adequate ground for equity in?
terposition. Being of thia opiniou, the
restraining order must be reversed
and the cause remanded with directions
to dismiss the bill."
Thc opinion filed by Judge Hughes
>s an exhaustive treatment of the ques?
tions raised in thc case.
The other judges who sat have
had an opportunity to see the papei
Judge Hughes is solely responsible
it.
JUDGE HUGHES* OPINION
RICHMOND. VA., June ll.-Ju
Hughes* opinion in the South Caro
case is, in part, as follows : The Ju
gives a careful review of the rec?
and continuing says : "There is n<
ing in the record to show that the c
plainant is a man of color or that tl
for whom he sues are colored perst
The bill contains no allegation that
parts of the law complained of were
vised against the complainant or th
for whom he sues on account of tl
race, color, or previous condition of i
vitude. There is nothing in the a'
meets of the bill from which it n
naturally, or must necessarily be
ferred that the complainant and th
for whom he sues are citizens of col
There are no averments in the
which show that the case falls wit
the purview of the Fifteenth amei
meet of the Constitution of the Uni
States. Nor doe* tbe bill contain a
allegation which raise a Federal qa
tion under the clause of the Fourteei
amendment which forbids a State
deny any person the equal protect
of the laws. It charges that the p;
visions of the registration acts co
plained of is to give unequal faoilit
of registration to different classes
citizens, bat it does not point ont h
this is sn. It leaves the discriminati
as tu the privilege of registering,
there be discrimination, to inferan
and research in sources other than
own averments. It charges that t
provisions of law complained of d
criminates, but does not describe t
manner nf discrimination, or define t
classes affected, pro or con, nor does
show that the laws complained of
discriminating between classes as
tbe privilege of registering granted 1
them, violate the clause in the Fot
teenth amendment which forbids
State to deny to any person within i
the equal protection of the law.
confounds privilege with protection.
"The bill has no referenoe to a Fe
eral election io setting ont comptait
ant's case. The gravamen of the bi
contemplates only a State election to 1
held for members of the State convei
tioo to convene) in August next. It
not known that any Federal election
to be held in South Carolina befoi
November, 1896 :
To the bill thus described and to tb
order of injonction granted by ih
court below in pursuance of its prayen
several objections are urged in beba
of the State of Sooth Carolina. I
what follows I shall consider but on
of these. In the ruling of the Circa
Court rendered on circuit, io this case
it was held that the court had jun
diction ti? restrain a county superviso
of registration in the performance c
bis duties under the elections laws G
South Carolina The division of ou
government into the legislative, execn
tive and judicial departments is a dis
tinguisbiug feature of our America)
policy and it is essential to its exist
ence tbat eaoh of these department
shall be independent of the other. Thi
division is fundamental and organic
It would bc just as dangerous tn its sta
bility for the judicial department t<
override the others as for executive oi
legislative departments to do sc
Hence, while the right of the judiciary
to pass upon the constitutionality o
the laws is undoubted, it bas that righ
simply as an incident to its protector
of private rights. It has not that right
as a mere means of settling abstrae!
questions and even in the enforcement
of private rights it has not the power
to interfere with the discretion vested
in the other departments or with the
exercise of political powers of this de?
partment. It seems to me that it is a
dangerous encroachment upon the pre?
rogations of the other departments of the
government, if the judiciary be entrust?
ed to exercise the power of interfer?
ing with the holding of an election
in a State. If tte supervisor of one
county can be enjoined from the per?
formance of the duties imposed upon
him by the election laws of the State
from whom he holds his commission,
those of the other counties can be also;
thus a single citizen in each county,
and if he is not even a qualified voter,
can enjoin an election throughout the
entire State, and thus deprive thou?
sands of their right to vote. If a court
has power to to do this, free elections
are at an end If elections arc im?
properly held, there are appropriate
means provided by law for questioning
their methods and remedying wrongs
without the exercise of this dangerous
power by the courts. A candidate
who has been defeated may contest;
a voter whose right to register bas
been denied may proceed to compel
the enforcement of that right, and
these Drovsiou8 give what the Legisla?
ture deems sufficient protection to the
injured, but in my judgement one citi?
zen cannot, under pretence of righting
his own wrongs, disfranchise others.
"I do not think that a court has
jurisdiction to interfere by injunction
or otherwise with enforcement of the
laws by officers holding and deriving
the'r power from these laws ; certain?
ly i.ot to the extent attempted to bo
done by this bill In arriving at this
conclusion 1 have not considered thc
question whether or not the registra?
tion laws for South Carolina violate
the Federal Constitution or laws. I
prefer to test my opinion upon the
ground ol" thc independence of thc
different departments of the govern?
ments upon the impolicy of interfer?
ence by the court in qestion which
will result in dragging constantly
general principle that each depart
went of the government ami each
officer lhere, high or low, has the
right to administer according tu Iiis
best judgment the duties imposed
upon him by the law? creating his
office
"As illustrating these general
principles. I refer to the following
! decisions : Mississippi vs Johnson,
14 Wall. 475, Gaines vs. Thompson,
j 7 Wall, 347; Louisiana vs. June,
! 107 United States, 711 Bago od vs.
Southern, 117 United States; Aires
in re 1*23 ? S , 443 ; in re Sawyer
124 U. S., 209 lt is useless to cite
the many cases which bear on the
questions arising in this case and so
profusely at bar.
So far as the rights of tho indivi?
dual complainant in the bill were con?
cerned it may have been competent
for the court to grant individual re?
lief. The Supreme Court of the
United States the other day granted
relief from the payment of an income
tax to the individual complainant io
his suit against it but it went no fur?
ther. On the authority of Mississip?
pi vs. Johnson, supra, we may as?
sume that it would not have enter?
tained a bill for enjoining internal
revenue officers of the government
from collecting incomes taxes gene?
rally The judicial power covered
the right to grant individual relief,
but did not extend to the general
power of repealing the law imposing
the tax as to the entire public.
"1 repeat that in the case at bar
it may have been competent for the
court to grant individual relief, but
the bill asked more, lt asked sim?
ilar relief for all other citizens of the
country situated like complainant.
It practically asked the relief for a
numerous political party, forming a
portion of people to whom the Legis?
lature was solely responsible for its
laws and to whom alone the genius
of our institutions makes the Legisla- j
ture responsible. Moreover, it |
brought the court into immediate and
active contact with party contestations
It made the court a controlling factor
in party strife. I can imagine noth?
ing more pernicious thau a direct
participation by the judiciary by judi?
cial action in politics of the people
The bill asked practically that the pro?
cess of registration under the laws of
the States shoud be suspended in an
entire county during the pleasure of
the court and that all citizens of the
county not then registered as voters
should be denied the right of suf
frage during that pleasure. It seems
to me that the mere statement of this
view of the case shows that the in?
junctions was improvidently granted
"I think the bill should be dismiss?
ed."
A Colored Conference.
The Call Issued. Before the
Reversal of Judge Goff
Was Known.
The following address, making a j
call fora convention of ?he negroes of
the State to be held io Columbia, was
issued yesterday by the committee
from the Colored Ministerial Union,
prior to'?he news of the reveri?al of ;
Judge Goff'.- decisioo in the registra
non matrer. The convention will, j
however, doubtless be held anyway, j
as the programme outlioed for the con?
vention is not interfered with by the
decision' of the Uoited States Court of
Appeals:
To the Colored Citizens: There are
times in the affairs of men wheo silence
is golden. But to remain silent under
the present crisis, our position may
be wrongly interpreted. Therefore,
we, the committee of seven appointed;
by the citizens of Columbia and vi-1
cioity in May 1895, call a conference i
of the leading colored men of the State i
to meet in the city of Columbia on
July 10, at 12 o'clock noon, for the
purpose of considering the following
questions acd to prepare and issue an
address to the people of tb is State
and the United States setting forth
our position io the present trouble in
in the Stare of South Carolina:
1. Shall we manifest any interest in
the Constitutional convention, and if so
to what extent ?
2 Will we vote for any delegates to j
the Constitutional convention, and on
what conditions ?
3 What course will we pursue in
the event of such an election ?
Therefore, the citizens of the several
counties in the State are asked to can?
vass carefully and meet at their county
seats oo July 4, and elect their best j
men as delegates to represent them io I
this conference in proportion to tho
Dumber of representatives in the Gen- ,
eral Assembly.
We recommend that the election bc
independendent of polines and that they
work for the best interests of the peo?
ple and the State.
The meeting may be called by any
free citizen or by as many as may be
practical.
H H. Coil,
ll K. Hart.
.J. W. Morris.
W. I? Chappell,
M. <?. ?Iohnson,
A P. Dunbar
Sometime ago ! was troubled *vith an ?t
littk ut rheumatism". ! used Chamberlain's
Pain I:.-? 1 tn and \^:is completely cured. !
have since advised many ot my ' . 1111 > 1
H:I>1 customer? to try the remedy and
speak highly of it. Simon Goldbaurn, Sui
Luis Rey, V ? L For sale by Dr. .\. J.
Spain Kegs to be Saved.
She Fully Realizes the Dan
ger of Cuba's Loss.
WASHINGTON. June ll.-The Navy
Department ia co operating with the
State Department iii pt eventing tili
buttering expeditions from leaving
the United States to aid (he Cuban
rebels In addition to ordering the
United States cruiser Kaleigh to
#uard the Southern coast to look out
for filibustering craft. Secretary
Olney of the State Department has
asked the Treasury Department to
aid in preventing ri I i bu terers from
shipping arms, men and ammunition
from Southern ports to the Cuban
rebels The Spanish minister, Senor
Dupuy DeLonne, has had several
interviews with Secretary Olney dur?
ing the past two days on the subject
and has given him the information
furnished by his agents who are sta?
tioned along the Southern seacoast
and at New York. The delicacy of
the situation makes it difficult for the
United States to act effectually As
pointed out in these dispatches some
weeks ago, the mere laet that a
vessel has arms aboard ie not prima
facie evidence that those arms are
intended for the Cuban rebels and
would not be so regarded even if the
vessels cleared for Cuban ports
The most indisputable proof must be.
obtained that thc arms are to be de
livered lo those wht> will use them
against a country friendly to tlie
United States before United States
customs officials can interfere This
proof is very difficult to obtain and
already the Uniied Staf.es have a !
suit on hand for seizing arms on
vessels which it was charged at the
time were intended for the Cuban i
cause j
Nevertheless the United States j
cannot disregard the warning of the !
Spanish minister as we are on j
friendly terms with Spain and cannot j
omit all proper precautions lo pre- |
vent an act by our citzena which
Spain woiircr*- regard as unfriendly
Acting on the request of Secretary j
Olney these instructions were issued
late this evening to collectors of'
customs :
"Treasury Department, Washing?
ton, D. C., June ll.-To collectors
of customs and others: It is a mat-i
ter of rumor that at various points in
the United States attempts are mak
tug to enlist men, to equip and arm
vessels, and by other illegal measures,
to aid the insurrection now in pro
gress in the Island of Cuba. While i
this department has not been finish ;
ed with tangible evidence confirma- ;
tory of such rumors, deems it it of
great importance that n<> possible op j
portnnity be given f.-r complaints;
that the Government the United
States has in any respect fallen short
of its fuli duty as a fri-ndly nation.
Collectors of customs of the several
districts between New York and
Brownsville are especially enjoined
to see to it that the neutrality laws
of the United States, particularly
sections 5,289 and 5,290 of the Re
vised Statutes, are fully complied I
with.
(Signed) "S. WIRE.
"Acting Secretary.''
H. G. Osteen ? Co., make a specialty of1
paper, and now have the finest and most
complete selection of paper ever io Sumter!
They sell more paper for the,same money than j
cnn be bought elsewhere. Store on Liberty
street, next to the Watchman and Southron
office.
For Sale at a Bargain.
A large assortment of Fashionable Tinted
Writing Papers will be sold at a bargain
within the next ten days. H. G. Osteen k !
Co.
Good paper at 14cts, 15cts, 20cts, 25cts I
3Gcts per box Fine paper at 35 cts, 40 cts ;
45cts, 50cts, 55cts, 60cts, 65ct8, 70cts, 75cts
rer box at H. G. Osteen & Co.
Death Wasjreferable
To Prostration After the Grip
Hood's Sarsaparilla Built Up and
Cave Perfect Health.
IF. II. Will (atna
This is a well-known merchant at Knj
West, Florida. His account of his condi?
tion after the grip, and how it was cured,
should be rend by all:
" I had the grip twice, which came n*.ur
ending my existence cn the earth, and left
me in a condi? ion to which
Death W2s Preferable
Abort five months back I started to take
Hood's Sarsaparilla. I felt the good effects
ir? 'm ; hr! tl rsi bottle and \>y ' he I ime I had
taken tl. ..?. bonier ? was 5C per cent, a
fr.-rt- r :a,i i physically than before. I am
no'.v fuji c f ambition and fe< I that had I
Hood's s^!aCures
ne. Laken Hood's Sarsaparilla T should
now he deadrtnd fr:;ried. * am thankful
f?o d's : ..--.-?:-;i:*:I".:. v. 'ili ?: i?as been
V?:? rnmeii?::! o? much good ?o me ?is
Co ..thoura ads ot''otht-rs-oiourfeiJowmen."
W.ll. NY.:. . V .-, }'.., Iv v Y.'f.". Florida.
Where Are You Going; This Summer?
To The Most Beautiful Spot on Earth.
CHIMNEY ROCK, N. C.
Iii [J F J ^ecause it ls not onb' tne inost beautiful spot on earth
lilli i with its ^niriiJ water lit] ls, pretty little glenns, tower?
ing mountains and magnificent views, hilt it is the most pleasant
place in the mountains.
It is away from the hustle and noise of railroads, and is,
therefore, the best place to gain health and see real pleasure.
How do you get there from Atlanta, Ga., Norfolk, Va..
Wilmington, X. C.. or intermediate points ? Parties going to
Chimney Rock take the Seaboaed Air Line Trains, which are
the best equipped of any line of Road in the South. The Sea?
board Air Line carries Chimney Rock visitors to Rutherford ton,
from which point a connecting line of stages carries them over
a splendid mountain road, through valleys, and by a beautiful
river with its ever changing scenery.
What Hotel Shall I Stop At ?
By all means stop at the Mountain View Inn, conducted by
Mr. George P. Horton and his estimable wife. The hotel is
new, the furniture and fittings of the best, and the surroundings
well kept. From the hotel is a grand view of the most wonder?
ful waterfalls in the Ignited States, the famous Chimney Rock
towering hundreds of feet into space.
Mrs. Horton is an estimable lady, making every one feel at
home as soon as they arrive. She gives her personal attention
to her house-work, and superintends the cooking department,
which insures the most perfect cleanliness. The kitchen is kept
as clean and neat as the parlor under her management. Mr.
Horton is a hustler and believes in having everything fixed to
please his guests. He has lawn tennis and croquet grounds,
quoit pitching grounds, a marble yard, [that is, a yard nicely
graded, where the boys, men and ladies can play the old, but
ever new games of marble, uroll-holer knuckle down, &c."] He
has swings, joggling boards, turning boards, and many amuse?
ments for the children. He has rustic seats over the beautiful
grounds. Nowrhere else can visitors find a place where they can
get the comforts and pleasures that they do at Mr Horton's hotel.
But Is Not The Price Too High ?
No ? It is really a puzzle to the visitors how Mr. Hort' ' fur?
nishes the excellent fare and the amusements to visitors that he
does for the small charges. Some of his visitors have insisted
on paying him more, and this is the reverse of most cases, for it
it usual to have visitors growl at high rates. He only charges
seven dollars per week, or twenty-four dollars for a full calendar
month.
This is valuable information to me, and a number of mv
friends who are going to take a vacation this summer, and I am
certainly under obligations to you. and will see you during July
and August at Mr. Horton's. By the way, how far is it from
Asheville ?
Only twenty miles. A three hour's drive with a good spann
of horses will take you to or from the beautiful mountain city,
and to Vanderbilt's elegant summer home. In fact it is said
that Vanderbilt is going to have a cottage built at a point near
Chimney Rock. As to all these points you can write Mr.
George P. Horton, Chimney Rock, X. C.
By-the-way, a party of prominent editors visited the place and selected
the location as the best place to build an Editorial Club House, and they
wrote many words of praise concerning the place and section. I will quote
from the following papers:
RALEIGH NEWS AND OBSERVER.
"Here with lofty mountains on each side the most picturesque scenery
east of the Rockies, we, a party of editors, have met to see for ourselves
and tell the world something of the real grandeur and sublimity. * * It
is a revelation and yet how many are willing to live and.die without putting
forth one effort to view this wondrous scenery. * * The view
from the dome of Chimney Rock is superb, lt must be seen tc be thorough?
ly understood."
CHARLOTTE OBSERVER.
"The shades of night were falling as we drew near our destination. The
harvest moon hung in the sky as we rounded Chimney Rock. At our right
was Old Baldy, tinder whose gigantic cliffs we insignificant mortals weie
creeping along. The river sang a vesper hymn, and it seemed as if nature
'.vas offering her evening prayer to the Creator. The view front Chimney
Rock is glorious. * * But it is useless to describe the beauties of
this region. Go and seo them for yourself."
WILMINGTON REVIEW.
"lt was up hill and down dale ; now in the valley shut in by high hills,
an anon skirting the brow of a precipice hundreds of feet above the plain
beneath. The country between Rutheifordton and Asheville is beautiful,
rich, prosperous and happy. * We stood upon the summit o?
the rugged and picturesque Chimney and gazed abroad for sixty miles, the
eye taking in almost at one glance the peaks of a hundred magnificent
mountains. The view is simply sublime.'-'
RICHMOND PISPTCn.
'.There is not a missing element in this beautiful mountain scenery. There
is a succession of grand views all the way for six miles. No language can
depict the grandeur <>f the scenery all along the route. The Broad River
certainly is as picturesque as the iamed Swanoanoa ; and larger and much
more turbulent "
NORFOLK VIRGINIAN.
"At every turn of the road as we approach, thc mountains unfoid, pan
orarn like displaying wild grandeur almost and yet fascinating in the ex?
treme. Peak after peak seemingly reaching sky wald after supremacy as
though spurning the placidity of the valley, and defying the arts of the
city builders of the plains * It is only a few years since man
first stood upon the summit of Chimney Rock. The outlook was superb be?
yond description.''
RICHMOND TIMES
"Hickory Nut Gap is the most picturesque section ot* country to be
found throughout the Appalachian chain. The Broad River, a restless
crystal stream, divides the great gorge, leaving a towering, rugged height
on either side Members of our party were vicing with each other in the
use of adjectives over the glorious landscape To attempt a description ol
the great gray peaks, overlooking roaring cataracts and smiling vales below
would be but sacrilege when once a glimpse has been obtained/'
.\ stay :?t Chimney lioek will cure malarial diseases. Blood Poison Indi?
gestion and Dyspepsia. Without doubt Chimney Rock has the finest air
and scenery to bc fourni Write to Geo. P. Horton, Chimney Rock, N C.
and urt any further inhumation desired.