Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1867-12-05
Judicial Decisions on the Elect.
i've Franchise in Ohio.

/ - - (eAN1H
Since the election in this State,
the Democrats have endeavored to
break the force Of their fall BY eharg-
ing that General Hayes was elected
by negro votes, and threatening to
contest the election. II is evident
that when they charge that Illegal
negro votes were polied for Hayes,
they do not merely class as illegal
the votes Of those colored men who
are more black than white, but those
in whom the white blood is pre-
ponderant, and who are electors
according to repeated judicial de
cisions. Since the official majority
for Hayes has been declared, and
proves to be SO much larger than
any possible negro or mulatto vote
in the State, the talk of a contest
has been substantially abandoned
Nevertheless, it viii be Of interest
to examine the law in the case, and
the decisions under which men more
than half white are adjudged to be
voters in Ohio. O. r.
The old constitution of the State,
commonly known as the constitu-
ton of 1902, provides, (Sec. l, Art.
w. that " all white male inhabit-
ants above the age of twenty7one
years" should be entitled to vote.
The first decision as to who were
white male inhabitants" under
this section of the constitution, was
made in 1881, in the case of GRAY
Us, the State, (4th Ohio, p. 354, J
when a Democratic court held that
"color alone is insufficient as a
test" and that persons "nearer
white than mulatto should partake
OF the privileges of whites" In the
case of Williamson as. School Di-
rectors, DC, (Wrights reports, p.
l7S,) a Democratic court held that
all "nearer aohtte than black acre
entitled to enjoy eveyy political and
social PriciIege Of the chtte citi-
zea." In the case of JefFries Us.
Ankeny ct aI,, brought before the
Supreme Court in 1912, Ia suit for
damages by a colored man against
the judges Of election, of Xenia,
for refusing his vote, the Court af-
filmed the decisions in the Gray
and williamson cases, that a man
nearer white than black was white
under the constitution of Ohio, and
was consequently entitled to vote.
The Court remarked; No other
rule could be adopted so intelligent
and SO practical as this" This de-
cision was rendered BY Chief JUS
tice Lane, Judges Wood and Birch
ard, both Democrats, ceneurring,
and Judge Reed dissenting. Thus
under the old constitution, inter
preted by the Supreme Court, every
man more nearly white than black
WAS entitled to vote. ...
But Democrats say that these de-
cisiOns were made under the old
constitution, and have no bearing
upon the new. The bearing under
the new constitution depends on
the difference between the new and
the old. We find that both alike
limit the franchise to "white males, ;"
so that the judicial Interpretation of
the word white" is equally APP
plicable under both. But similar
decision has also been made under
the new constitution. In 1859 the
case of Anderson as. Mittiken was
brought before the court on the fol |
lowing agreed statement of facts
1t was agreed ON both sides that
the father of plaintiff was a white
man, and his mother ee-fourths
white and one-fourth black. 1t was
also agreed that he offered to vote,
and that the judge refused his vote
on account of his ddmirture Of At
,Icap blood, and for no other rea-
son. Judge Gholson delivered the
opinion of the Courtin this case, to
the effect that the man was a voter
under the present constitution. He
5ays,( 20 Ohio reports, p, $50, "We
IRE unanimouslyo the opinion that
-he description Of persons, ofwhich
lhe plaintiff is one, we're not de-
orived by the present constitution
Of the right to the elective fran
Under this decision, every
nan in Ohio who is more nearly I
white than black, is entitled to vote. /
Ihe Legislature cannot interfere
With that right, as it is granted him
by the Constitution Of, the State, as /
Interpreted by the highest authority
IF the State. And if any attempt
should be made by a Democratic
Senate, in case of a contest, to throw
out the votes of men more than half
white, it will be an outrage and
lsurpation which should be re-
sisted, - Cleveland Leader. III i
------s-sa------r-
The Cincinnati Gazette Of Mon
lay, says A man named Spencer
md his wife, who lived in aristo-
,ratic style at Paulsboro, New Jer-
icy, were arrested yesterday
IN a charge Of counterfeiting I
United States seven thirty Treasury
notes 1t is estimated that they and /
heir confederates have made more
han a million of dollars. Mrs.
spencer deposited $4,000, in cash,
IS bail for herself and husband, at
where they were examined.
Dispatches from Rome announce