Oliver Wendell Holmes, Jr.

“ The court, in effect, says, that although it may know that the record fails to show a case within the original cognizance of the circuit court, it may close its eyes to that fact, and review the case on its merits. In view of the adjudged cases, I cannot agree that the failure of parties to raise a question of jurisdiction will relieve this court of its duty to raise it upon its own motion. The contrary view cannot be justified. This court may not assume jurisdiction to do that which it has no authority to do. ”

“ It will be observed, in the first place, that the language of § 1979 does not extend the sphere of equitable jurisdiction in respect of what shall be held an appropriate subject-matter for that kind of relief. The words are, 'shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.' They allow a suit in equity only when that is the proper proceeding for redress, and they refer to existing standards to determine what is a proper proceeding. The traditional limits of proceedings in equity have not embraced a remedy for political wrongs. ”

“ The circuit court has no constitutional power to control its action by any direct means. And if we leave the state out of consideration, the court has as little practical power to deal with the people of the state in a body. The bill imports that the great mass of the white population intends to keep the blacks from voting. To meet such an intent something more than ordering the plaintiff's name to be inscribed upon the lists of 1902 will be needed. If the conspiracy and the intent exist, a name on a piece of paper will not defeat them. ”

“ Unless we are prepared to supervise the voting in that state by officers of the court, it seems to us that all that the plaintiff could get from equity would be an empty form. Apart from damages to the individual, relief from a great political wrong, if done, as alleged, by the people of a state and the state itself, must be given by them or by the legislative and political department of the government of the United States. ”

“ Those who can read and write any article of the Constitution of the United States in the English language, and who either are physically unable to work or have been regularly engaged in some lawful business for the greater part of the last twelve months, and those who are unable to read and write solely because physically disabled. ”

“ Under § 187 of article 8 of the Alabama Constitution, persons registered before January 1, 1903, remain electors for life unless they become disqualified by certain crimes, etc., while after that date severer tests come into play which would exclude, perhaps, a large part of the black race. Therefore by the refusal the plaintiff and the other negroes excluded were deprived, not only of their vote at an election which has taken place since the bill was filed, but of the permanent advantage incident to registration before 1903. ”

“ By § 183 only persons qualified as electors can take part in any method of party action. By § 184 persons not registered are disqualified from voting. By § 185 an elector whose vote is challenged shall be required to swear that the matter of the challenge is untrue before his vote shall be received. By § 186 the legislature is to provide for registration after January 1, 1903, the qualification and oath of the registrars are prescribed, the duties of registrars before that date are laid down, and an appeal is given to the county court and supreme court if registration is denied. ”

“ But we are not prepared to dismiss the bill or the appeal on that ground, because to be enabled to cast a vote in that election is not, as in Mills v. Green 159 U.S. 651, 657, 40 L. ed. 293, 295, 16 Sup. Ct. Rep. 132, the whole object of the bill. It is not even the principal object of the relief sought by the plaintiff. The principal object of that is to obtain the permanent advantages of registration as of a date before 1903.
The certificate of the circuit judge raises the single question of the jurisdiction of the court. ”

“ We have recognized, too, that the deprivation of a man's political and social rights properly may be alleged to involve damage to that amount, capable of estimation in money. Wiley v. Sinkler, 179 U.S. 58, 45 L. ed. 84, 21 Sup. Ct. Rep. 17; Swafford v. Templeton, 185 U.S. 487, 46 L. ed. 1005, 22 Sup. Ct. Rep. 783. But, assuming that the allegation should have been made in a case like this, the objection to its omission was not raised in the circuit court, and, as it could have been remedied by amendment, we think it unavailing. The certificate was made alio intuitu. ”

“ Owners or husbands of owners of 40 acres of land in the state, upon which they reside, and owners or husbands of owners of real or personal estate in the state assessed for taxation at $300 or more, if the taxes have been paid, unless under contest. ”

“ It is not an answer to say that if all the blacks who are qualified according to the letter of the instrument were registered, the fraud would be cured. In the first place, there is no probability that any way now is open by which more than a few could be registered ”