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FITTS v. McGHEE

No. 130.

172 U.S. 516 (1899)

19 S.Ct. 269

43 L.Ed. 535

FITTS v. McGHEE.

Supreme Court of United States.

Decided January 8, 1899.

Attorney(s) appearing for the Case

Mr. William J. Wood for appellants. Mr. William C. Fitts, Attorney General of the State of Alabama, was with him on the brief.

Mr. Milton Humes for appellees. Mr. Paul Speake was with him on the brief.

MR. JUSTICE HARLAN, after stating the facts as above reported, delivered the opinion of the court.

The principal question before us is whether this suit is one of which a Circuit Court of the United States may take cognizance consistently with the Constitution of the United States.

From the history given of the proceedings below it appears that the Circuit Court adjudged —

That the legislative enactment of February 9, 1895, was unconstitutional...

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