Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-08-09
A United States Court Decision
Which Practically Upholds the South
Carolina Laws for the Disrran chIse-
ment of the Negroes.

Which Practically Upholds the South
Carolina Laws for the Disrranch
ment of the Negroes.
In the United States circuit court at
Richmond, Va, Tuesday, Judge Nathan
Goff rendered a decision in a South Caro-
lima registration case which upholds the
registration laws of that state. The cir
cumstances of the decision, if correctly
stated, are peculiar On the Sth of May
Judge Goff decided to be unconstitutional
the registration laws of South Carolina,
the general act of 1882, and the special act
of last December providing for an election
of delegates to constitutional convention.
The ground of the decision was that the
laws were in conflict with the fourteenth
and fifteenth amendments to the consttu-
tion of the United States, and were calcu-
lated to abridge the right Of negro suffrage.
On the same day in the same court, de-
c.sion was rendered nullifying in effect
South Cardinals dspensary law because
of its conflict with the interstate commerce
law. On May IA Governor Evans of South
Carolina issued a proclamation which,
while asserting loyalty to the national con-
stitution, was yet generally construed to
mean that Judge Goffs injunction would
be ignored and the election of delegates to
the constitutional convention proceeded
with. Later Judge Goff modified his de-
cision and granted permit to hold the cleo
ton for delegates, and now, according to
the above, he turns squarely around and
says that the law he held to be unconstitu-
tional is constitutional
The constitution of South Carolina guar
antees to the citizens of that state all the
rights conferred upon them by the consti-
tuition of the United States, and says fur
ther that "every inhabitant possessing the
qualifications provided for in this cOnstitu-
ton shall have an equal right to elect Off
GERS" There is nothing about color in
these qualifications and no educational test
is required or imposed. The voter must be
21, and must have lived in the state a year
and in the county sixty days next preceding
the election. The right of suffrage must
''be protected by laws regulating cleo
tions,h and the general assembly must pro-
vide from time to time for the registration
of 'all electors" 1t has long been asserted
and believed that the famous "eight-boX
law" under which all elections have been
held since 1882, is unconstitutional, because
it in effect establishes an educational quail
ifiCation for voting, the voter being required
to deposit his ballots for different candi-
dates in different boxes, under the penalty
of having his vote thrown out if it gets
into the wrong box. The boxes are
labelled with the name of the office to be
voted for and as the voter is given no as
sistance in depositing his ballot, it is OBJ
vious that if he cannot read he is very likely
to vote in the wrong box. 1t is a common
trick in negro precincts to continually
change the order and arrangement of the
boxes so as to confuse the ignorant voter
and lead him to put his ballot in the wrong
box.
The "eight-boX law has never been
ruled upon by the state courts any more
than has the registration laws that are the
subjects of Judge Goff's injunction. No
one can be registered under these laws who
| changes his residence after the first of
July, or early in that month, for all regis
tration ceases then, except for those who
come of age before the date of election.
Here is one contradiction of the state con-
stitution, which says that any enc who has
! lived in the state year and in the county
| 60 days is entitled to vote. Another is the
invalidation of the registration certificate,
without which no one can vote, by change
of residence from one precinct to another
| in the same county, or from one house to
another in the same precinct. If such a
change is made new certificate must be
obtained, as must be done if the certificate
is lost. In practice it has been made al
most impossible for a negro who has lost
| his registration certificate or changed his
residence to get a new one. The law is in
tended to give the registration officers the
power to register whom they please and
refuse or exclude whom they please, and
that is the way in which it has been adj
ministered.