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Report of Cases Argued and Determined in the Supreme Court of Alabama Volume 71

Report of Cases Argued and Determined in the Supreme Court of Alabama Volume 71


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ... Court of the United States. And that inquiry resolves itself into the question, whether the existence, in the locality in which an indictment for crime may be found against acolored person, of a sentiment and prejudice hostile to him because of his race and color, the laws of the State securing to him full protection of all his rights, and the State through none of its agencies denying to him equal pro tection under the laws, is a cause for removal of the indictment for trial from the State to the Federal court. The question is settled negatively. The statute was intended only to afford protection against an infringement of the equal rights of citizens of the United States by State action, and by that action alone. It does not refer "to other obstructions of ri ht, such as personal or class pre'udice, or political feelingB an the like." State v. Gaines, 2 oods, 342; Virginia v. ives, 100 U. S. 313; Thomas v. State, 58 Ala. 365. The petition not disclosing a cause for the removal of the prosecution to the Federal court, the order of removal was erroneous. And if subsequently the order had been recalled as improvident, and the court had proceeded as if it had not been made, it may be that its proceedings would not have been pronounced void. The jurisdiction of the State court is not ousted by a mere application for the removal of a civil cause, or of a criminal prose cution to a Federal court. It is only when the a plication is in proper form, conforms to the act of Congress authorizing the removal, stating facts brin 'ng the case within the provisions of the act, that it becomes t e duty of the State court to yield obedience to the paramount law, and to cease the exercise of its original jurisdiction. It may err either in...


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Product Details
  • ISBN-13: 9781153439824
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 336
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1153439824
  • Publisher Date: 01 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 599 gr


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