giles harris argued decided april wilford smith appellant gunter appellees justice holmes delivered opinion bill equity brought behalf five thousand negroes citizens county montgomery alabama similarly situated circumstanced board registrars county prayer bill substance defendants may required enroll upon voting lists name plaintiff qualified members race applied registration august refused certain sections constitution alabama article may declared contrary amendments constitution void allegations bill may summed follows plaintiff subject none disqualifications set forth constitution alabama entitled vote bill plainly means constitution applied march registration voter refused arbitrarily ground color together large numbers duly qualified negroes white men registered thing done state article alabama constitution persons registered january remain electors life unless become disqualified certain crimes date severer tests come play exclude perhaps large part black race therefore refusal plaintiff negroes excluded deprived vote election taken place since bill filed permanent advantage incident registration white men generally registered good easy test black men likely kept future past refusal register blacks part general scheme disfranchise defendants state according bill parties defendants accepted office purpose carrying scheme part taken state white population framed constitution consisted shaping instrument give opportunity effect wholesale fraud practised bill sets forth material sections state constitution general plan leaving details follows article entitle person vote must resided state least two years county one year precinct ward three months immediately preceding election paid poll taxes duly registered elector idiots insane persons convicted certain crimes disqualified subject foregoing following male citizens state citizens entitled register viz first served honorably enumerated wars including either side second lawful descendants persons served honorably enumerated wars war revolution third persons good character understand duties obligations citizenship republican form government said according allegations bill part constitution practically administered intended administered let whites kept large part blacks let retained right vote tests might severe many whites well blacks went effect january following persons entitled register first read write article constitution english language either physically unable work regularly engaged lawful business greater part last twelve months unable read write solely physically disabled second owners husbands owners acres land state upon reside owners husbands owners real personal estate state assessed taxation taxes paid unless contest persons qualified electors take part method party action persons registered disqualified voting elector whose vote challenged shall required swear matter challenge untrue vote shall received legislature provide registration january qualification oath registrars prescribed duties registrars date laid appeal given county registration denied executive details together continuance effect registration january last mentioned date applicants registration may examined oath lived last five years names known names employers brief system plaintiff asks declared void perhaps added foregoing statement bill filed september alleged plaintiff desire vote election coming november election gone impossible give specific relief regard prepared dismiss bill appeal ground enabled cast vote election mills green ed sup whole object bill even principal object relief sought plaintiff principal object obtain permanent advantages registration date certificate circuit judge raises single question jurisdiction plaintiff contends jurisdiction given expressly rev stat cl comp stat coupled rev stat comp stat provides every person color state ordinance regulation custom usage causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress assume assumed holt indiana mfg ed sup repealed jurisdiction enforce provisions taken away later act suggested circuit right ruling jurisdiction bill aver threatened damage amount exceeding true act august chap stat circuit courts gives cognizance suits civil nature common law equity arising constitution laws matter dispute exceeds sum value recognized deprivation man political social rights properly may alleged involve damage amount capable estimation money wiley sinkler ed sup swafford templeton ed sup assuming allegation made case like objection omission raised circuit remedied amendment think unavailing certificate made alio intuitu pecuniary limit appeals act chap stat comp stat paquete habana ed sup feel called upon send case back circuit order might permit amendment mills green ed sup app fed notice taken absence allegation value case like assume purposes decision extends deprivation rights color state constitution although might argued force enumeration ordinance regulation custom usage purposely confined inferior sources law assumptions prepared say action law maintained facts alleged bill therefore prepared say decree affirmed ground wholly beyond jurisdiction circuit smith mckay ed sup although certificate relates jurisdiction yet ground bill constitution alabama contravention constitution appeal opens whole case act chap stat comp stat plaintiff right appeal directly certificate unnecessary found jurisdiction narrow case properly proceed consider substance complaint seems us impossible grant equitable relief asked observed first place language extend sphere equitable jurisdiction respect shall held appropriate kind relief words liable party injured action law suit equity proper proceeding redress allow suit equity proper proceeding redress refer existing standards determine proper proceeding traditional limits proceedings equity embraced remedy political wrongs green mills app fed forget dealing new extraordinary situation unwilling stop short final considerations seem us dispose case difficulties overcome two first plaintiff alleges whole registration scheme alabama constitution fraud upon constitution asks us declare void course maintain bill mere declaration air try asks registered party qualified void instrument accept conclusion chief purpose bill maintain make party unlawful scheme accepting adding another voter fraudulent lists white man came eral allegations admitting sympathy plan alleging special prejudice kept list hardly think necessary meet reasoned answer relief varied think future particular plaintiff likely try overthrow scheme accept plaintiff allegations purposes case complain must accept reject impossible simply shut eyes put plaintiff lists honest fraudulent leave determination fundamental question future opinion bill right face undecided liberty assume wrong purposes decision seems us unless prepared say wrong principal allegations immaterial registration plan alabama constitution valid order plaintiff name registered answer say blacks qualified according letter instrument registered fraud cured first place probability way open registered difficulty overcome sections constitution concerning registration illegal inception new doctrine constitutional law original invalidity cured administration defeated intent express opinion alleged fact unconstitutionality beyond saying willing assume valid face allegations main object bill purpose granting relief necessary pray order object secured difficulty different sort strikingly reinforces argument equity undertake past enforce political rights also suggestion state constitutions left unmentioned accident determining whether equity take jurisdiction one first questions enforce order may make leged conspiracy state although state made party bill hans louisiana ed sup circuit constitutional power control action direct means leave state consideration little practical power deal people state body bill imports great mass white population intends keep blacks voting meet intent something ordering plaintiff name inscribed upon lists needed conspiracy intent exist name piece paper defeat unless prepared supervise voting state officers seems us plaintiff get equity empty form apart damages individual relief great political wrong done alleged people state state must given legislative political department government decree affirmed justice brewer dissenting unable concur either opinion judgment case single question whether circuit jurisdiction accepting statement facts opinion majority sufficiently full appears plaintiff entitled place permanent registry denied defendants board registrars county lived one allowed vote registered desired vote coming election representative congress deprived right action defendants circuit jurisdiction redress wrong conceded permanence registry appeal dismissed mills green ed sup registered permanent registry plaintiff vote future elections whether plaintiff remedy law equity considered appeal decided smith mckay ed sup authority terms denied opinion majority although decision practically disregarded certificate trial judge stated question considered decided dismissing bill complaint whether upon bill demurrer thereto case presented jurisdiction constitution laws act congress authorizing appeals directly circuit courts stat chap comp stat provides case jurisdiction issue cases question jurisdiction alone shall certified decision smith mckay said ed sup requisite citizenship parties appears circuit competent deal jurisdiction attaches whether sustain complainant prayer equitable relief dismiss bill leave bring action law either valid exercise jurisdiction error committed exercise jurisdiction remedied appeal circuit appeals see also tucker mckay ed sup murphy colorado paving ed sup shepard adams ed sup building loan asso price ed sup said complainant appealed appeal allowed granted solely upon question jurisdiction circuit question alone certified whether bill shows facts sufficient invoke consideration equity question jurisdiction referred judiciary act march chap therefore concern question blythe blythe ed sup blythe hinckley ed sup quote writs error may taken directly circuit courts cases jurisdiction courts issue jurisdiction federal courts question alone jurisdiction certified circuit held remedy law equity conclusion decision circuit jurisdiction still significant case huntington laidley ed sup case proceedings courts state resulting final determination controversy subsequently action commenced federal final decision state courts pleaded res judicata circuit dismissed suit want jurisdiction certified question thought sacrificing substance form reverse judgment dismissal apparent controversy settled decision state therefore rightfully relitigated federal held question considered jurisdiction saying ed sup circumstances case question whether proceedings suits law equity state afforded way res judicata control acquired state bill circuit question affecting jurisdiction question affecting merits cause tried determined exercise jurisdiction circuit treating question merits question jurisdiction enable upon direct appeal question jurisdiction decide question merits except far bears upon question whether jurisdiction case aspect case decree circuit dismissing suit want jurisdiction must reversed cause remanded proceedings therein although statute decisions thus expressly limit range inquiry certificate jurisdiction tion jurisdiction held constitutional question shown pleadings certificate may ignored entire case presented consideration words although plaintiff method appeal following provisions statute limited inquiry matter jurisdiction ignore limit treat case coming general appeal take conclusion seems practically destory statute overrule prior decisions jurisdiction federal courts primarily rests constitution extent jurisdiction determined provisions hence every case coming certificate jurisdiction may held present constitutional question open full inquiry respect matters involved neither assent proposition case presented plaintiff bill strictly legal one entitling party judicial hearing decision alleges citizen alabama entitled vote desired vote election representative congress without registration vote registration wrongfully denied defendants many others similarly treated destroy rights deprive relief courts relief given affirmed national state courts circuit jurisdiction action like seems result inevitably prior decisions without stopping notice detail cases ex parte siebold ed ex parte yarbrough ed sup coy ed sup general jurisdiction federal courts matters involved election national officers affirmed refer two recent cases bear directly upon present question wiley sinkler ed sup action brought circuit plaintiff recover damages election board wilfully rejecting vote member house representatives held jurisdiction said ed sup action brought election officers recover damages rejection plaintiff vote member house representatives complaint alleging plaintiff time constitution laws state south carolina constitution laws duly qualified elector state shows action brought constitution laws damages laid sum amount damages plaintiff shall recover action peculiarly appropriate determination jury opinion upon subject justify holding amount controversy insufficient support jurisdiction circuit barry edmunds ed sup scott donald ed sup vance vandercook ed sup north american transp trading morrison ed sup circuit therefore clearly jurisdiction action brought consideration objections presented demurrer complaint swafford templeton ed sup like former case one brought circuit recover damages alleged wrongful refusal defendants election officers permit plaintiff vote national election member house representatives held jurisdiction said referring wiley sinkler ed sup manifest context opinion case referred conclusion cause one arising constitution predicated conception action sought vindication protection right vote member congress right declared ex parte yarbrough ed sup based upon constitution created office member congress declared elective pointed means ascertaining electors say ruling case equally one arising constitution laws whether illegal act complained arose charged violation specific provision constitution laws violation state law affected exercise right vote member congress since constitution adopted qualifications electors members congress prescribed state electors numerous branch legislature state results said erred dismissing action want jurisdiction since right claimed unlawfully invaded one nature things arising constitution laws inhered substance claim obvious inspection certificate dismissing want jurisdiction controlled deemed want merit averments made complaint violation federal right nature controversy federal therefore jurisdiction existed whilst opinion want merit cause action might furnished ground dismissing reason afforded sufficient ground deciding action one arising constitution laws seems nothing need added decisions unless considered overruled decisive case justice brown also dissents justice harlan dissenting final judgment circuit bill case dismissed want jurisdiction entertain want equity judgment plaintiffs prayed allowed appeal subsequently order made circuit certifying question considered decided whether upon bill demurrer case presented jurisdiction constitution laws although case involves questions considerable importance submitted without oral argument circuit take cognizance cause consistently act congress regulating jurisdiction naturally fundamental question case answer question requires reference several acts congress including judiciary act august correcting march stat chap comp stat stat chap section revised statutes comp stat enumerates subdivisions cases circuit courts may take original cognizance subd section circuit courts given original cognizance suits civil nature common law equity matter dispute exclusive sive costs exceeds sum value alien party suit citizen state brought citizen another state subd suits equity matter dispute exclusive costs exceeds sum value five hundred dollars petitioners rev stat subdivs comp stat subdivision section declared circuit courts shall original cognizance suits authorized law brought person redress deprivation color law statute ordinance regulation custom usage state right privilege immunity secured constitution right secured law providing equal rights citizens persons within jurisdiction matter dispute suits expressly required revised statutes money value revised statutes comp stat title civil rights provided person color statute ordinance regulation custom usage state territory subjects causes subjected zen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress said section well subd comp stat based upon section act april chap stat entitled act enforce provisions fourteenth amendment constitution purposes holt indiana mfg ed sup next came act march provided circuit courts shall original cognizance concurrent courts several suits civil nature common law equity matter dispute exceeds exclusive costs sum value five hundred dollars arising constitution laws treaties made shall made authority plaintiffs petitioners shall controversy citizens different controversy citizens state claiming lands grants different controversy citizens state foreign citizens subjects shall exclusive cognizance crimes offenses cognizable authority except otherwise provided law concurrent jurisdiction district courts crimes offenses cognizable therein stat chap comp stat act expressly repealed previous statutes conflict provisions came act correcting provides circuit courts shall original cognizance concurrent courts several suits civil nature common law equity matter dispute exceeds exclusive interest costs sum value two thousand dollars arising constitution laws treaties made shall made ity controversy plaintiffs petitioners shall controversy citizens different matter dispute exceeds exclusive interest costs sum value aforesaid controversy citizens state claiming lands grants different controversy citizens state foreign citizens subjects matter dispute exceeds exclusive interest costs sum value aforesaid act conflicting provisions previous acts repealed except certain particulars among provisions relating jurisdiction right mentioned title revised statutes civil rights title comp stat found clear act circuit take original cognizance suit simply one arising constitution laws value matter dispute case must exceed exclusive interest costs bill makes allegation whatever value matter dispute although speaking chief justice holt indiana mfg ed sup referring section judiciary act said question value dispute cases arising constitution laws carefully considered sayward ed sup held sum value named jurisdictional circuit statute take original cognizance case arising constitution laws unless sum value matter dispute exclusive costs interest exceeded decision reaffirmed fishback western teleg ed sup rep intimation given opinion present conclusion reached affected fact operation act march away pecuniary limitation appeals directly circuit courts paquete habana ed sup rep course meant language jurisdiction circuit courts far value matter dispute concerned changed cases embraced section act act left original jurisdiction circuit courts established act disputed present suit one arising constitution laws clear value matter dispute made statute essential element jurisdiction circuit case suggested suit also embraced subd revised statutes comp stat pp provisions assumed holt indiana mfg assumes repealed subsequent statute therefore value matter dispute consequence suggestion overlooks declaration case effect although provisions must assumed still force refer civil rights ed sup view subd revised statutes bearing upon present case rights protection present suit brought political rights civil rights within meaning statutes relating civil rights consequently saving clause act respect jurisdiction right mentioned title revised statutes civil rights becomes immaterial present case whether refrains declaring plaintiff proceed subd revised statutes without regard value matter dispute thinks suit maintained subd without regard value matter dispute submit adjudged referring suggestion act gives circuit jurisdiction suits law equity matter dispute sum value arising constitution laws ceding wiley sinkler ed sup swafford templeton ed sup recognized deprivation man political rights cases reference elective franchise may properly alleged required value money says allegation value made case like objection omission raised circuit remedied amendment think unavailing certificate made alio intuitu pecuniary limit appeals act chap stat comp stat paquete habana ed sup feel called upon send case back circuit order might permit amendment seems question value matter dispute sufficiently raised circuit demurrer bill part ground facts stated make case jurisdiction passing view come serious matter cases circuit may take original cognizance value matter mentioned statute advance reference nature subject essential jurisdiction nature subject dispute yet says objection record circuit show allegation value unavailing even allegation made new take leave say starting doctrine must upon motion decline pass strictly speaking jurisdiction consider merits case coming circuit unless affirmatively appears record case one take cognizance suit presumably without jurisdiction circuit unless record shows one may take cognizance consequence parties raise question jurisdiction circuit record shows nothing case arises constitution laws affirmatively appear appropriate way value matter dispute required amount jurisdiction consider determine merits case let us look adjudged cases upon general subject jurisdiction federal courts see duty jurisdiction affirmatively appear record appear circuit jurisdiction sizer many ed action infringement letters patent sum taxed less writ error lie act act gives jurisdiction judgment circuit judgment less sum writ error must therefore dismissed want jurisdiction brown shannon ed action enforce specific execution contract relation use patent right sum mentioned bill less whatever errors may apparent proceedings decree yet power act congress revise correct appeal must dismissed richmond milwaukee ed action prohibit conveyance certain lots nothing allegations parties evidence show value lots question exceeded anything inferred appeal must therefore dismissed want jurisdiction pratt fitzhugh black ed cause admiralty fact value shown record evidence aliunde jurisdiction walker wall ed action judgment money appellate jurisdiction except defined congress act congress limits jurisdiction cases matter dispute exceeds take jurisdiction matter exceed sum less sum amount controversy case us ascertained conformity settled principles exceed therefore jurisdiction writ error must dismissed grace girdler wall sub nom lockwood grace girdler ed appeal admiralty true greater part loss fell upon lockwood owner ariel belongings nothing record shows damage sustained exceeded essential jurisdiction ayers watson ed sup action trespass try title land state citizenship parties jurisdictional fact prescribed second section absolutely essential waived want error stage cause even though assigned party whose instance committed cases relate jurisdiction statutes prescribing certain amount essential upon writ error appeal review judgments rendered circuit looking cases want jurisdiction circuit held preclude going merits case adjudged find king bridge otoe county ed sup action upon county warrants language appear circuit jurisdiction action unless contrary appears affirmatively record presumption upon writ error appeal without jurisdiction metcalf watertown ed sup action upon judgment case question whether action upon certain judgment barred limitation said however liberty express opinion upon question limitation whose judgment brought review appear record jurisdiction case whether jurisdiction question must examine determine even parties forbear make consent case considered upon merits chapman barney ed sup action trover confronted question jurisdiction although raised either party presented record repeated decisions must considered parker ormsby ed sup jurisdiction case jurisdiction affirmatively appear upon record error rendered decree whether question jurisdiction raised exercise power motion must deny jurisdiction courts cases coming upon writ error appeal jurisdiction affirmatively appear record called act mattingly northwestern virginia ed sup action set aside certain conveyances foreclose mortgage appear question jurisdiction raised plea motion yet record failed affirmatively show jurisdiction must take notice defect according adjudged cases first inquiry make case inferior federal jurisdiction jurisdiction appear record writ error appeal dismissed found jurisdiction purpose next duty inquire jurisdiction latter appear upon record jurisdiction duty reverse judgment remand case dismissed want jurisdiction say upon record jurisdiction seen presumption cause without jurisdiction federal unless contrary affirmatively appears turner bank north america dall ed brown keene pet ed ex parte smith ed robertson cease ed brown keene chief justice marshall said decisions require averment jurisdiction shall positive declaration shall state expressly fact tion depends sufficient jurisdiction may inferred argumentatively averments cases add mansfield swan ed sup said true plaintiffs whose objection error committed complain prejudiced seems anomaly hardship party whose instance committed permitted derive advantage rule springing nature limits judicial power inflexible without exception requires motion deny jurisdiction exercise appellate power courts cases jurisdiction affirmatively appear record exercise power called act every writ error appeal first fundamental question jurisdiction first record comes question bound ask answer even otherwise suggested without respect relation parties case holt indiana mfg involved question jurisdiction circuit said cases appears circuit jurisdiction duty declare enter judgment accordingly principles expressly affirmed many cases yet according opinion case objection made circuit jurisdiction unavailing raise question may proceed determine merits case dectrine repeat new departure effect says although may know record fails show case within original cognizance circuit may close eyes fact review case merits view adjudged cases agree failure parties raise question jurisdiction relieve duty raise upon motion trary view justified may assume jurisdiction authority appropriate observe circuit effect propounds question whether jurisdiction case upon record question necessarily involves inquiry whether subd revised statutes comp stat pp repealed later acts point left undecided assuming statutory provisions still force say whether suit maintained sections either without allegation proof value matter dispute distinctly adjudge whether case embraced act simply assuming allegation value made bill proceeds consider case upon merits question jurisdiction circuit acts congress one certified thus left air case examined disposed upon merits jurisdiction circuit appeared upon record claim essential fact value appears anywhere record either bill otherwise consequently already said without power consider merits says plaintiff right appeal directly act certificate unnecessary found jurisdiction narrow follow review merits case circuit appear jurisdiction determine rights parties views may summed follows case embraced clause act provides circuit shall original cognizance suits civil nature matter dispute exceeds exclusive interest costs sum value arising constitution laws sum value matter dispute cases jurisdictional statute appear record way matter dispute exceeded value jurisdictional amount circuit take cognizance case dispose upon merits least jurisdiction determine merits case case comes upon certificate jurisdiction circuit may forbear decide question determine merits case upon record show jurisdiction circuit views jurisdiction upon record formulate discuss views upon merits case avoid misapprehension may add conviction upon facts alleged bill record showed sufficient value matter dispute plaintiff entitled relief respect right registered voter agree justice brewer competent courts give relief cases footnotes comp